New Healthcare Study Warns About The Hidden Dangers Of AI At Work. Learn more.
6 Defensive Behaviors That Show Up at Work—and How Psychological Safety Can Help. Learn more.
Judge allows Trump administration to fire most of DOJ race-relations agency’s employees. Learn more.
Teachers union wins fight with Trump administration to restart student-loan forgiveness for 2.5 million borrowers. Learn more.
Labor’s Climate Challenge: Building Power for a Just Transition. Learn more.
]]>Our digital marketing services are designed specifically for employment law attorneys. We tap our extensive expertise, honed through years of experience, to provide you with the digital strategies and tools necessary to significantly enhance your online presence: an attorney directory listing on America’s #1 resource for worker rights; engaging, employment law-focused content that adds value for you and your clients, and a modern website optimized to attract clients.
Workplace Fairness, the leading nonprofit in employee rights education, has teamed up with Walker Advertising, a premier legal marketing agency, to deliver high-quality, exclusive leads to employment law firms like yours. Part of our mission is to help workers protect their rights by connecting them with experienced, qualified lawyers. This program brings that mission to life.
Get noticed with a listing on Workplace Fairness’s award-winning website. Our attorney directory gives you access to prospective clients who are looking for employment law guidance. And potential clients aren’t the only people who search legal directories. Law firms that need to refer cases to other law firms also use attorney directories to find reputable lawyers.
This free listing includes your firm name, address, contact information, picture, up to five practice areas, bar admissions, and your website link.
This includes the Basic Listing plus a map to your office, fee arrangements, languages spoken, professional experience, education, awards, professional associations, publications, speaking engagements, other media, and certifications. This listing includes our lead generation service for one state and one practice area.
Our Deluxe Listing includes the Standard Listing offerings plus unlimited practice areas, a Google Map, and enhanced visibility at the top of visitor search results, Know Your Rights content sections, and our newsletter and blogs. The Know Your Rights content, newsletter, and blogs are automatically published to your website. This listing includes our lead generation service for one state and up to three practice areas.
Creating fresh, relevant content can be a daunting task for busy practitioners. With our content services, you can focus on your clients while we create legal resources that educate and engage your website visitors.
Through a custom page on your webpage, visitors can access these legal resources.
We will create a content calendar and three status posts on Facebook, Instagram, Twitter, and LinkedIn per week with your branded templates.
We will claim, set-up, and update your Google Business Profile and other online directory profiles.
We will create and post one blog per month.
Here’s what automation means for today’s workforce: the opportunities, the risks, and the responsibilities on both sides.
1. Increased Efficiency & Productivity
Automated systems can handle repetitive tasks, streamline workflows, and reduce human error—freeing employees for higher-value work.
2. New Opportunities for Skills & Advancement
Automation often creates demand for new roles in technology, data analysis, and operations, giving workers a chance to upskill and move into higher-paying positions.
3. Better Workplace Safety
Robotics and automated machinery can take on physically dangerous tasks, reducing injury risks in manufacturing, construction, and logistics.
Despite the benefits, automation can also introduce or worsen workplace challenges.
1. Job Displacement or Reduced Hours
Systems that perform data entry, scheduling, customer service, or warehouse labor can reduce demand for human workers, leading to layoffs or reduced hours.
2. Bias in Hiring & Performance Evaluations
AI screening tools may unintentionally discriminate based on gender, race, disability, age, or other protected characteristics—especially if trained on biased data.
3. Privacy & Monitoring Concerns
Automated systems can track productivity, keystrokes, communications, and even movement—raising concerns about excessive surveillance.
4. Wage & Workload Pressure
Automation can push remaining workers to meet unrealistic productivity expectations set by algorithms, as seen in warehouse fulfillment and delivery sectors.
Employees have rights when automation affects hiring, scheduling, discipline, or termination. Key protections include:
Anti-discrimination laws (e.g., Title VII, ADA, ADEA) still apply to automated systems.
Workers may challenge unfair algorithm-based decisions in employment decisions.
Many states require notice when employers use automated decision-making for hiring, scheduling, or monitoring.
Under NLRA, employees can act collectively to raise concerns about technology impacting working conditions.
Workers with disabilities may request reasonable accommodations when automation creates barriers.
Emerging federal and state laws are adding transparency requirements for employers who use AI and automated systems in hiring and employment decisions.
To responsibly implement automation:
Communicate clearly
Inform employees when automated systems are used and how they affect work.
Audit for bias & fairness
Regularly test automated tools to ensure they do not discriminate.
Provide training & upskilling opportunities
Help employees adapt and grow into new roles created by automation.
Respect privacy
Use monitoring only when necessary and avoid excessive surveillance.
Follow evolving laws
Stay current on state and federal regulations governing automated decision-making.
Workers can take proactive steps too:
Ask for transparency
You have the right to know when automation affects hiring, evaluations, scheduling, or discipline decisions.
Document concerns
If you suspect biased or unfair automated decisions, keep records and seek guidance.
Request accommodations
Workers with disabilities may need access or adjustments to automated tools.
Build future-ready skills
Learning new technologies can provide job security and advancement opportunities.
Use your voice
Speak with HR, employee groups, or legal advocates about workplace technology concerns.
Automation is not just a tech trend—it’s a workplace transformation. When implemented fairly, it can create safer environments, new opportunities, and greater efficiency. But when misused, it risks job loss, discrimination, and workplace inequity.
At Workplace Fairness, we believe technology should enhance work—not undermine workers. Employees and employers both play a role in ensuring automation is ethical, transparent, and fair.
]]>Automation is reshaping the modern workplace—from AI-powered hiring and scheduling software to robotics on factory floors and chatbots assisting customers. For employees and employers alike, this technological shift offers exciting potential, but it also raises serious questions about fairness, transparency, and worker protections.
Here’s what automation means for today’s workforce: the opportunities, the risks, and the responsibilities on both sides.
1. Increased Efficiency & Productivity
Automated systems can handle repetitive tasks, streamline workflows, and reduce human error—freeing employees for higher-value work.
2. New Opportunities for Skills & Advancement
Automation often creates demand for new roles in technology, data analysis, and operations, giving workers a chance to upskill and move into higher-paying positions.
3. Better Workplace Safety
Robotics and automated machinery can take on physically dangerous tasks, reducing injury risks in manufacturing, construction, and logistics.
Despite the benefits, automation can also introduce or worsen workplace challenges.
1. Job Displacement or Reduced Hours
Systems that perform data entry, scheduling, customer service, or warehouse labor can reduce demand for human workers, leading to layoffs or reduced hours.
2. Bias in Hiring & Performance Evaluations
AI screening tools may unintentionally discriminate based on gender, race, disability, age, or other protected characteristics—especially if trained on biased data.
3. Privacy & Monitoring Concerns
Automated systems can track productivity, keystrokes, communications, and even movement—raising concerns about excessive surveillance.
4. Wage & Workload Pressure
Automation can push remaining workers to meet unrealistic productivity expectations set by algorithms, as seen in warehouse fulfillment and delivery sectors.
Employees have rights when automation affects hiring, scheduling, discipline, or termination. Key protections include:
Anti-discrimination laws (e.g., Title VII, ADA, ADEA) still apply to automated systems.
Workers may challenge unfair algorithm-based decisions in employment decisions.
Many states require notice when employers use automated decision-making for hiring, scheduling, or monitoring.
Under NLRA, employees can act collectively to raise concerns about technology impacting working conditions.
Workers with disabilities may request reasonable accommodations when automation creates barriers.
Emerging federal and state laws are adding transparency requirements for employers who use AI and automated systems in hiring and employment decisions.
To responsibly implement automation:
Communicate clearly
Inform employees when automated systems are used and how they affect work.
Audit for bias & fairness
Regularly test automated tools to ensure they do not discriminate.
Provide training & upskilling opportunities
Help employees adapt and grow into new roles created by automation.
Respect privacy
Use monitoring only when necessary and avoid excessive surveillance.
Follow evolving laws
Stay current on state and federal regulations governing automated decision-making.
Workers can take proactive steps too:
Ask for transparency
You have the right to know when automation affects hiring, evaluations, scheduling, or discipline decisions.
Document concerns
If you suspect biased or unfair automated decisions, keep records and seek guidance.
Request accommodations
Workers with disabilities may need access or adjustments to automated tools.
Build future-ready skills
Learning new technologies can provide job security and advancement opportunities.
Use your voice
Speak with HR, employee groups, or legal advocates about workplace technology concerns.
Automation is not just a tech trend—it’s a workplace transformation. When implemented fairly, it can create safer environments, new opportunities, and greater efficiency. But when misused, it risks job loss, discrimination, and workplace inequity.
At Workplace Fairness, we believe technology should enhance work—not undermine workers. Employees and employers both play a role in ensuring automation is ethical, transparent, and fair.
]]>6 Defensive Behaviors That Show Up at Work—and How Psychological Safety Can Help. Learn more.
Judge allows Trump administration to fire most of DOJ race-relations agency’s employees. Learn more.
Teachers union wins fight with Trump administration to restart student-loan forgiveness for 2.5 million borrowers. Learn more.
Labor’s Climate Challenge: Building Power for a Just Transition. Learn more.
]]>Artificial intelligence (AI) is transforming how employers recruit, evaluate, and manage their workforce — but it’s also attracting serious attention from lawmakers.
Across the U.S., state and federal regulators are enacting new laws to ensure that AI tools used in employment decisions are fair, transparent, and free from discrimination.
Here’s what this trend means for employers, job applicants, and employees in 2025 and beyond.
AI promises efficiency — faster hiring, better performance tracking, smarter scheduling — but it also raises red flags. Automated systems can unintentionally reinforce bias or make opaque decisions that violate existing discrimination laws.
That’s why regulators are stepping in:
California’s new AI regulations took effect October 1, 2025, requiring employers to monitor automated decision systems (ADS) for discrimination and maintain detailed records.
Illinois and Colorado have enacted laws governing how employers disclose and manage AI in hiring.
New York City’s Local Law 144 already requires annual bias audits of AI hiring tools.
Federal attention is growing — the proposed AI LEAD Act would let individuals sue AI developers and deployers for harm caused by AI systems.
Together, these laws mark a turning point: AI in employment is no longer unregulated territory.
If an AI tool produces biased outcomes, employers can still be held responsible — even if they didn’t build the system themselves.
Many states now require notice to job applicants and employees when AI tools are used to make or influence decisions.
Third-party software doesn’t shield you from liability. Employers must vet vendors and ensure that tools are bias-tested and properly documented.
Update HR policies, training, and data governance to reflect AI usage. Document who approves and monitors these systems — and how outcomes are reviewed by humans.
Each state is creating its own rules. Multi-state employers must track differing requirements and adjust hiring and management processes accordingly.
You may now have the right to know if an employer uses AI to screen or evaluate you.
If an automated tool unfairly affects hiring, promotion, or termination, you may have a legal basis to question or appeal the decision.
State laws aim to ensure AI doesn’t replicate bias based on race, gender, age, or other protected traits.
Labor groups like the AFL-CIO are pushing for “worker-centered AI,” ensuring human oversight and negotiation over AI deployment in the workplace.
State leadership: With Congress lagging, states like California, Illinois, and Colorado are setting the pace.
“High-risk” AI systems: Laws now classify certain AI tools — especially those used in hiring or termination — as high-risk and subject to stricter scrutiny.
Transparency & audits: Expect requirements for documentation, bias testing, and reporting to expand nationwide.
Union involvement: Worker organizations are shaping AI policy around fairness and accountability.
Inventory AI usage – Identify all automated tools used in HR or employment decisions.
Map obligations – Track which state and local laws apply to your operations.
Review vendor contracts – Ensure vendors provide bias testing and compliance assurances.
Conduct bias audits – Assess whether your tools have discriminatory outcomes.
Provide notice – Inform applicants and employees when AI is used in decision-making.
Ensure human oversight – Keep humans involved in final employment decisions.
Train HR staff – Make sure hiring managers understand both the technology and the legal risks.
AI is here to stay — and so are the regulations governing it. For employers, that means greater responsibility to ensure fairness, transparency, and compliance. For employees and job seekers, it means growing rights to understand and challenge how AI shapes your opportunities at work. The message from lawmakers is clear: AI can’t replace accountability. Employers must balance innovation with ethics, oversight, and respect for human rights.
]]>Across the U.S., state and federal regulators are enacting new laws to ensure that AI tools used in employment decisions are fair, transparent, and free from discrimination.
Here’s what this trend means for employers, job applicants, and employees in 2025 and beyond.
AI promises efficiency — faster hiring, better performance tracking, smarter scheduling — but it also raises red flags. Automated systems can unintentionally reinforce bias or make opaque decisions that violate existing discrimination laws.
That’s why regulators are stepping in:
California’s new AI regulations took effect October 1, 2025, requiring employers to monitor automated decision systems (ADS) for discrimination and maintain detailed records.
Illinois and Colorado have enacted laws governing how employers disclose and manage AI in hiring.
New York City’s Local Law 144 already requires annual bias audits of AI hiring tools.
Federal attention is growing — the proposed AI LEAD Act would let individuals sue AI developers and deployers for harm caused by AI systems.
Together, these laws mark a turning point: AI in employment is no longer unregulated territory.
If an AI tool produces biased outcomes, employers can still be held responsible — even if they didn’t build the system themselves.
Many states now require notice to job applicants and employees when AI tools are used to make or influence decisions.
Third-party software doesn’t shield you from liability. Employers must vet vendors and ensure that tools are bias-tested and properly documented.
Update HR policies, training, and data governance to reflect AI usage. Document who approves and monitors these systems — and how outcomes are reviewed by humans.
Each state is creating its own rules. Multi-state employers must track differing requirements and adjust hiring and management processes accordingly.
You may now have the right to know if an employer uses AI to screen or evaluate you.
If an automated tool unfairly affects hiring, promotion, or termination, you may have a legal basis to question or appeal the decision.
State laws aim to ensure AI doesn’t replicate bias based on race, gender, age, or other protected traits.
Labor groups like the AFL-CIO are pushing for “worker-centered AI,” ensuring human oversight and negotiation over AI deployment in the workplace.
State leadership: With Congress lagging, states like California, Illinois, and Colorado are setting the pace.
“High-risk” AI systems: Laws now classify certain AI tools — especially those used in hiring or termination — as high-risk and subject to stricter scrutiny.
Transparency & audits: Expect requirements for documentation, bias testing, and reporting to expand nationwide.
Union involvement: Worker organizations are shaping AI policy around fairness and accountability.
Inventory AI usage – Identify all automated tools used in HR or employment decisions.
Map obligations – Track which state and local laws apply to your operations.
Review vendor contracts – Ensure vendors provide bias testing and compliance assurances.
Conduct bias audits – Assess whether your tools have discriminatory outcomes.
Provide notice – Inform applicants and employees when AI is used in decision-making.
Ensure human oversight – Keep humans involved in final employment decisions.
Train HR staff – Make sure hiring managers understand both the technology and the legal risks.
AI is here to stay — and so are the regulations governing it. For employers, that means greater responsibility to ensure fairness, transparency, and compliance. For employees and job seekers, it means growing rights to understand and challenge how AI shapes your opportunities at work. The message from lawmakers is clear: AI can’t replace accountability. Employers must balance innovation with ethics, oversight, and respect for human rights.
]]>Federal Layoffs Threaten Disability Rights And Future Workforce. Learn more.
How employers can better support working mothers. Learn more.
]]>
You’re on your way to proactively combating burnout in your workplace.
You can access the course here.
(Note: You will be prompted to create an account before being directed to the course.)
Questions or concerns? Contact ruvi@verdantconsulting.net for support.
Why Become a Certified Burnout First Aider?
● Identify common causes of burnout
● Use proven intervention strategies to preempt burnout
● Share effective coping tactics for high-stress situations
● Foster a healthier and more productive workplace
Follow along using the video segments, consider the reflection questions, and then finish with our refresher quiz. Once you complete the course and quiz, you will receive a certificate of completion via email.
If you experience any technical difficulties navigating the course or have any questions, contact alayya@workplacefairness.org.
Thank you for supporting workers while deepening your knowledge on psychological safety!
In solidarity,
Kylie van Luyn, Elevated Coaching & Consulting
Edgar Ndjatou, Workplace Fairness
For many immigrant workers, ICE raids have created an atmosphere of fear and uncertainty. People who contribute every day to industries like construction, agriculture, hospitality, and healthcare are finding it harder to go about their routines without anxiety. Even those with legal status sometimes feel unsafe, unsure of how to respond if ICE agents appear at their workplace or home.
Families face devastating consequences when a parent or relative is detained, often losing their main source of income overnight. Children may be left in the care of relatives or neighbors, while households struggle to pay rent, buy food, and stay afloat. Beyond the economic strain, the emotional toll is immense—fear, confusion, and trauma often linger long after a raid occurs.
Employers and communities are also affected. Businesses may lose experienced workers, face sudden labor shortages, and experience lower productivity as employees cope with stress and fear. Overall, ICE raids weaken the very fabric of communities that depend on immigrant labor to thrive.
While no one can completely eliminate the risks of an ICE encounter, immigrant workers can take practical steps to safeguard themselves and their families.
Know Your Rights
You have the right to remain silent. You do not have to answer questions about your immigration status or where you were born.
You have the right to refuse a search unless ICE presents a warrant signed by a judge (not an ICE officer). Ask to see the warrant before allowing entry.
You have the right to speak with a lawyer before signing any documents.
Create a Safety Plan
Keep important documents (like passports, work permits, and birth certificates) in a safe, accessible place.
Make arrangements for who will care for your children or dependents if you are detained.
Memorize phone numbers for trusted friends, family members, and your attorney.
Stay Informed
Connect with local immigrant advocacy organizations that provide legal resources, know-your-rights workshops, and emergency support.
Follow reputable local or national organizations for accurate updates, such as the National Immigration Law Center (NILC) or the American Immigration Lawyers Association (AILA).
Consult with an Immigration Attorney
If you’re unsure about your status or options, talk to a qualified immigration lawyer. They can help you explore possible relief or protections available under current law.
ICE raids affect more than just the individuals targeted—they impact entire communities that rely on immigrant workers’ contributions, resilience, and skills. Knowing your rights, preparing in advance, and staying connected with trusted organizations can make a real difference. Above all, immigrant workers should know they are not alone—support networks and legal advocates across the country are working every day to help protect and empower those most affected.
]]>In recent years, Immigration and Customs Enforcement (ICE) raids have left a lasting mark on immigrant communities across the United States. These raids, often sudden and highly visible, don’t just affect the individuals detained—they ripple through families, workplaces, and entire neighborhoods.
For many immigrant workers, ICE raids have created an atmosphere of fear and uncertainty. People who contribute every day to industries like construction, agriculture, hospitality, and healthcare are finding it harder to go about their routines without anxiety. Even those with legal status sometimes feel unsafe, unsure of how to respond if ICE agents appear at their workplace or home.
Families face devastating consequences when a parent or relative is detained, often losing their main source of income overnight. Children may be left in the care of relatives or neighbors, while households struggle to pay rent, buy food, and stay afloat. Beyond the economic strain, the emotional toll is immense—fear, confusion, and trauma often linger long after a raid occurs.
Employers and communities are also affected. Businesses may lose experienced workers, face sudden labor shortages, and experience lower productivity as employees cope with stress and fear. Overall, ICE raids weaken the very fabric of communities that depend on immigrant labor to thrive.
While no one can completely eliminate the risks of an ICE encounter, immigrant workers can take practical steps to safeguard themselves and their families.
Know Your Rights
You have the right to remain silent. You do not have to answer questions about your immigration status or where you were born.
You have the right to refuse a search unless ICE presents a warrant signed by a judge (not an ICE officer). Ask to see the warrant before allowing entry.
You have the right to speak with a lawyer before signing any documents.
Create a Safety Plan
Keep important documents (like passports, work permits, and birth certificates) in a safe, accessible place.
Make arrangements for who will care for your children or dependents if you are detained.
Memorize phone numbers for trusted friends, family members, and your attorney.
Stay Informed
Connect with local immigrant advocacy organizations that provide legal resources, know-your-rights workshops, and emergency support.
Follow reputable local or national organizations for accurate updates, such as the National Immigration Law Center (NILC) or the American Immigration Lawyers Association (AILA).
Consult with an Immigration Attorney
If you’re unsure about your status or options, talk to a qualified immigration lawyer. They can help you explore possible relief or protections available under current law.
ICE raids affect more than just the individuals targeted—they impact entire communities that rely on immigrant workers’ contributions, resilience, and skills. Knowing your rights, preparing in advance, and staying connected with trusted organizations can make a real difference. Above all, immigrant workers should know they are not alone—support networks and legal advocates across the country are working every day to help protect and empower those most affected.
]]>Workplace Discrimination Compaints are Expected to Drop. Here’s Why. Learn more.
The AI Jobs Apocalypse is Not Yet Upon Us, According to New Data. Learn more.
]]>In this self-paced Certificated course, you’ll gain the necessary tools and knowledge to strengthen your workplace culture, ensure compliance with key employment laws, and build an environment where everyone feels safe, supported, and included. As you move through each lesson, we encourage you to take notes and reflect on how these strategies can be applied in your own work environment. To officially receive your Certificated of Completion, please be sure to take the short quiz at the end of this course. The quiz is your opportunity to reinforce what you’ve learned and demonstrate your understanding.
In this opening lesson, we’ll outline the course objectives and introduce foundational terms related to psychological safety and belonging. Participants will gain an understanding of why these concepts matter and how they set the stage for building inclusive, resilient workplace cultures.
How do you participate in fostering a truly inclusive and psychologically safe work environment where your team members feel respected and a sense of belonging?
This lesson explores the connection between safety, belonging, and workplace success. You’ll learn how equity and inclusivity drive engagement, retention, and productivity, and discover strategies such as active listening and intentional policy-making to ensure your organization practices what it preaches.
Cultural competency is essential to maintaining respectful and supportive workplaces. In this lesson, we’ll examine microaggressions, unconscious bias, and barriers to belonging, while highlighting how cultural awareness strengthens team dynamics, promotes fairness, and creates an environment where everyone can thrive.
A lack of awareness around workplace rights can result in costly consequences for both employers and employees. This lesson covers essential employment law protections, along with best practices that distinguish organizations committed to fairness, equity, and long-term success.
We hope these lessons have given you valuable insights into creating a more inclusive and legally sound workplace. To officially receive your Certificate of Completion, please be sure to take the short quiz at the end of this course. The quiz is your opportunity to reinforce what you’ve learned and demonstrate your understanding.
We look forward to seeing how you apply these practices in your workplace!
Are you ready to show your commitment to workplace well-being? Join the movement of individuals working to create healthier work environments by becoming a Certified Burnout First Aider.
Workplace burnout is a growing concern, with over 60% of workers experiencing its effects and organizations facing billions in lost productivity. The Burnout First Aider Certification equips professionals with the skills to recognize, intervene, and prevent burnout in the workplace. This essential course is proudly offered by Workplace Fairness in partnership with Verdant Consulting; each organization is committed to creating workplaces where employees can thrive.
Save with a group rate! If you’re interested in purchasing a group package or have any questions, contact ruvi@verdantconsulting.net for support.
Don’t Forfeit Vacation Days — 4 Steps To Reclaiming Your PTO. Learn more.
New Research on How Layoffs Affect the Labor Market. Learn more.
Workplace Injuries Cost Nearly $60 Billion a Year. Here’s What Small Business Owners Need to Know. Learn more.
Power At Work Blogcast #101: How Workers Win – Teamsters Strike Republic Services. Learn more.
For now, House effort to force vote to restore federal worker union rights falls short. Learn more.
]]>
5 reasons why the 4-day workweek is a win for everyone. Learn more.
How To Support Breastfeeding Employees Returning To The Workplace. Learn more.
Power At Work Blogcast #98: Labor Reporters Roundtable with Josh Eidelson and Michael Sainato. Learn more.
]]>5 reasons why the 4-day workweek is a win for everyone. Learn more.
How To Support Breastfeeding Employees Returning To The Workplace. Learn more.
Power At Work Blogcast #98: Labor Reporters Roundtable with Josh Eidelson and Michael Sainato. Learn more.
]]>
5 reasons why the 4-day workweek is a win for everyone. Learn more.
How To Support Breastfeeding Employees Returning To The Workplace. Learn more.
Power At Work Blogcast #98: Labor Reporters Roundtable with Josh Eidelson and Michael Sainato. Learn more.
]]>
5 reasons why the 4-day workweek is a win for everyone. Learn more.
How To Support Breastfeeding Employees Returning To The Workplace. Learn more.
Power At Work Blogcast #98: Labor Reporters Roundtable with Josh Eidelson and Michael Sainato. Learn more.
]]>
As we celebrate Labor Day — a holiday born from the labor movement — it’s worth pausing to reflect on the state of unions in America today. While headlines highlight high-profile strikes and union wins at companies like Amazon and Starbucks, the broader picture is more complicated. Despite growing public support for unions, membership continues to decline. What’s behind this disconnect?
According to the U.S. Bureau of Labor Statistics, the percentage of U.S. workers who belong to a union has steadily declined over the last several decades — from about 20% in 1983 to just 10% in 2024. In the private sector, that number drops to around 6%.
Yet public opinion is trending in the opposite direction. A 2023 Gallup poll found that 67% of Americans approve of labor unions — one of the highest approval ratings in decades. So why the shrinking membership?
1. The Shift to a Service Economy
Manufacturing jobs, where unions have traditionally been strong, have declined dramatically. Many new jobs are in sectors like retail, hospitality, and tech — areas historically less unionized and often resistant to organizing efforts.
2. Employer Resistance and Legal Barriers
Employers are increasingly aggressive in their efforts to discourage union activity. From hiring union-busting consultants to exploiting legal loopholes, many companies make it extremely difficult for workers to organize — even in states with more favorable laws.
3. Gig Work and Independent Contractors
The rise of gig work has created a new class of workers who are typically classified as independent contractors — and therefore not eligible to unionize under current labor law. This has left millions of workers without the protections unions can offer.
4. Right-to-Work Laws
Currently, 27 states have “right-to-work” laws, which weaken unions by allowing employees to opt out of paying union dues even while benefiting from union-negotiated contracts. This drains union resources and reduces their bargaining power.
5. Perception of Relevance
Some younger workers view traditional unions as outdated or out of touch with today’s workplace issues. Others may not fully understand the role unions play in advocating for fair pay, benefits, and workplace rights.
While traditional union membership may be declining, new forms of worker advocacy are gaining traction. Worker centers, digital organizing platforms, and industry-specific coalitions are stepping in to fill some of the gaps. The labor movement is evolving — and Labor Day is a reminder of the ongoing fight for fair treatment in the workplace.
Unions have played a critical role in securing many of the workplace rights we take for granted today — from the 40-hour workweek to workplace safety laws. This Labor Day, we honor that legacy while also recognizing the challenges ahead. The decline in union membership is not inevitable — but addressing it will require legal reform, cultural change, and new organizing models that reflect the realities of today’s workforce.
]]>As we celebrate Labor Day — a holiday born from the labor movement — it’s worth pausing to reflect on the state of unions in America today. While headlines highlight high-profile strikes and union wins at companies like Amazon and Starbucks, the broader picture is more complicated. Despite growing public support for unions, membership continues to decline. What’s behind this disconnect?
According to the U.S. Bureau of Labor Statistics, the percentage of U.S. workers who belong to a union has steadily declined over the last several decades — from about 20% in 1983 to just 10% in 2024. In the private sector, that number drops to around 6%.
Yet public opinion is trending in the opposite direction. A 2023 Gallup poll found that 67% of Americans approve of labor unions — one of the highest approval ratings in decades. So why the shrinking membership?
1. The Shift to a Service Economy
Manufacturing jobs, where unions have traditionally been strong, have declined dramatically. Many new jobs are in sectors like retail, hospitality, and tech — areas historically less unionized and often resistant to organizing efforts.
2. Employer Resistance and Legal Barriers
Employers are increasingly aggressive in their efforts to discourage union activity. From hiring union-busting consultants to exploiting legal loopholes, many companies make it extremely difficult for workers to organize — even in states with more favorable laws.
3. Gig Work and Independent Contractors
The rise of gig work has created a new class of workers who are typically classified as independent contractors — and therefore not eligible to unionize under current labor law. This has left millions of workers without the protections unions can offer.
4. Right-to-Work Laws
Currently, 27 states have “right-to-work” laws, which weaken unions by allowing employees to opt out of paying union dues even while benefiting from union-negotiated contracts. This drains union resources and reduces their bargaining power.
5. Perception of Relevance
Some younger workers view traditional unions as outdated or out of touch with today’s workplace issues. Others may not fully understand the role unions play in advocating for fair pay, benefits, and workplace rights.
While traditional union membership may be declining, new forms of worker advocacy are gaining traction. Worker centers, digital organizing platforms, and industry-specific coalitions are stepping in to fill some of the gaps. The labor movement is evolving — and Labor Day is a reminder of the ongoing fight for fair treatment in the workplace.
Unions have played a critical role in securing many of the workplace rights we take for granted today — from the 40-hour workweek to workplace safety laws. This Labor Day, we honor that legacy while also recognizing the challenges ahead. The decline in union membership is not inevitable — but addressing it will require legal reform, cultural change, and new organizing models that reflect the realities of today’s workforce.
]]>As we celebrate Labor Day — a holiday born from the labor movement — it’s worth pausing to reflect on the state of unions in America today. While headlines highlight high-profile strikes and union wins at companies like Amazon and Starbucks, the broader picture is more complicated. Despite growing public support for unions, membership continues to decline. What’s behind this disconnect?
According to the U.S. Bureau of Labor Statistics, the percentage of U.S. workers who belong to a union has steadily declined over the last several decades — from about 20% in 1983 to just 10% in 2024. In the private sector, that number drops to around 6%.
Yet public opinion is trending in the opposite direction. A 2023 Gallup poll found that 67% of Americans approve of labor unions — one of the highest approval ratings in decades. So why the shrinking membership?
1. The Shift to a Service Economy
Manufacturing jobs, where unions have traditionally been strong, have declined dramatically. Many new jobs are in sectors like retail, hospitality, and tech — areas historically less unionized and often resistant to organizing efforts.
2. Employer Resistance and Legal Barriers
Employers are increasingly aggressive in their efforts to discourage union activity. From hiring union-busting consultants to exploiting legal loopholes, many companies make it extremely difficult for workers to organize — even in states with more favorable laws.
3. Gig Work and Independent Contractors
The rise of gig work has created a new class of workers who are typically classified as independent contractors — and therefore not eligible to unionize under current labor law. This has left millions of workers without the protections unions can offer.
4. Right-to-Work Laws
Currently, 27 states have “right-to-work” laws, which weaken unions by allowing employees to opt out of paying union dues even while benefiting from union-negotiated contracts. This drains union resources and reduces their bargaining power.
5. Perception of Relevance
Some younger workers view traditional unions as outdated or out of touch with today’s workplace issues. Others may not fully understand the role unions play in advocating for fair pay, benefits, and workplace rights.
While traditional union membership may be declining, new forms of worker advocacy are gaining traction. Worker centers, digital organizing platforms, and industry-specific coalitions are stepping in to fill some of the gaps. The labor movement is evolving — and Labor Day is a reminder of the ongoing fight for fair treatment in the workplace.
Unions have played a critical role in securing many of the workplace rights we take for granted today — from the 40-hour workweek to workplace safety laws. This Labor Day, we honor that legacy while also recognizing the challenges ahead. The decline in union membership is not inevitable — but addressing it will require legal reform, cultural change, and new organizing models that reflect the realities of today’s workforce.
]]>Changing the jobs report won’t fix America’s workforce crisis. Learn more.
Is the future of work waiting down the block? Learn more.
]]>
New Research Debunks a Common Criticism of Pay Transparency. Learn more.
Power At Work Blogcast #104: Are There Real Conservatives Who Support Real Worker Power? Learn more.
]]>The workplace is changing again. After years of widespread remote work, many companies are calling employees back to the office, whether full-time or on a hybrid schedule. While the shift affects all workers, it has a unique and often disproportionate impact on working mothers.
Remote work provided working moms with more than just convenience — it offered a lifeline. Without the daily commute, many were able to manage school drop-offs and pick-ups, attend to children’s needs during the day, and reduce the stress of juggling rigid schedules. This flexibility helped close gaps in productivity, job satisfaction, and retention.
With return-to-office mandates, however, old challenges have resurfaced:
Increased childcare costs: Additional hours away from home can mean more childcare expenses or even the need for full-time care.
Rigid schedules: Set office hours can make it difficult to handle school or extracurricular activities without constant schedule juggling.
Loss of flexibility: Remote work allowed for quick pivots between professional and personal responsibilities — something harder to achieve in a traditional office setting.
Career impact: For those unable to fully comply with in-office requirements, there may be fewer opportunities for advancement.
These factors don’t just affect individual moms — they can also impact team morale, productivity, and an organization’s ability to retain top talent.
Forward-thinking employers recognize that supporting working mothers is not just a matter of fairness — it’s good business. Here are a few strategies:
Offer flexible or hybrid schedules: Even partial flexibility can reduce stress and increase productivity.
Provide childcare benefits: On-site childcare, stipends, or partnerships with local providers can make a world of difference.
Rethink performance metrics: Focus on outcomes rather than time spent in the office.
Encourage open communication: Create a culture where employees feel comfortable discussing challenges without fear of stigma or retaliation.
Train managers on empathy and inclusion: Equip leadership to understand and support the realities of working parents.
While employers play a key role, working moms can also take proactive steps:
Communicate needs clearly: Share challenges and propose workable solutions.
Document accomplishments: Keep a record of contributions and results to demonstrate performance, regardless of work location.
Explore resources: Look into company programs, local childcare options, and networking groups for support.
Collaborate with peers: Partner with other parents to share strategies, resources, or even childcare arrangements.
Negotiate with a plan: When requesting flexibility, frame it as a win-win for productivity and company goals.
Return-to-office policies don’t have to mean a return to outdated workplace norms. When employers and employees work together, they can create environments that value both professional contributions and personal responsibilities. For working moms, that means maintaining the ability to thrive at work without sacrificing their families’ needs. For employers, it means retaining engaged, loyal, and high-performing talent.
The future of work isn’t about where we work — it’s about how we work together.
]]>Remote work provided working moms with more than just convenience — it offered a lifeline. Without the daily commute, many were able to manage school drop-offs and pick-ups, attend to children’s needs during the day, and reduce the stress of juggling rigid schedules. This flexibility helped close gaps in productivity, job satisfaction, and retention.
With return-to-office mandates, however, old challenges have resurfaced:
Increased childcare costs: Additional hours away from home can mean more childcare expenses or even the need for full-time care.
Rigid schedules: Set office hours can make it difficult to handle school or extracurricular activities without constant schedule juggling.
Loss of flexibility: Remote work allowed for quick pivots between professional and personal responsibilities — something harder to achieve in a traditional office setting.
Career impact: For those unable to fully comply with in-office requirements, there may be fewer opportunities for advancement.
These factors don’t just affect individual moms — they can also impact team morale, productivity, and an organization’s ability to retain top talent.
Forward-thinking employers recognize that supporting working mothers is not just a matter of fairness — it’s good business. Here are a few strategies:
Offer flexible or hybrid schedules: Even partial flexibility can reduce stress and increase productivity.
Provide childcare benefits: On-site childcare, stipends, or partnerships with local providers can make a world of difference.
Rethink performance metrics: Focus on outcomes rather than time spent in the office.
Encourage open communication: Create a culture where employees feel comfortable discussing challenges without fear of stigma or retaliation.
Train managers on empathy and inclusion: Equip leadership to understand and support the realities of working parents.
While employers play a key role, working moms can also take proactive steps:
Communicate needs clearly: Share challenges and propose workable solutions.
Document accomplishments: Keep a record of contributions and results to demonstrate performance, regardless of work location.
Explore resources: Look into company programs, local childcare options, and networking groups for support.
Collaborate with peers: Partner with other parents to share strategies, resources, or even childcare arrangements.
Negotiate with a plan: When requesting flexibility, frame it as a win-win for productivity and company goals.
Return-to-office policies don’t have to mean a return to outdated workplace norms. When employers and employees work together, they can create environments that value both professional contributions and personal responsibilities. For working moms, that means maintaining the ability to thrive at work without sacrificing their families’ needs. For employers, it means retaining engaged, loyal, and high-performing talent.
The future of work isn’t about where we work — it’s about how we work together.
]]>AI could widen the wealth gap and wipe out entry-level jobs, expert says. Learn more.
The new American workplace crisis: Return-to-office mandates lead to a working mom exodus. Learn more.
]]>In break rooms, inboxes, Zoom calls, and exit interviews, one word keeps surfacing again and again: burnout. It’s not new, but it is everywhere. And it’s getting worse.
Recent data shows that burnout is hitting U.S. workers at staggering rates. As of early 2025, 66% of employees report experiencing burnout, with the highest numbers among younger workers: a staggering 83% of 25 to 34-year-olds and 81% of 18 to 24-year-olds say they’re burned out. And they’re not imagining it. Burnout has become so common that its mentions on workplace review sites like Glassdoor have increased by 32% year over year, typically tied to lower ratings for work-life balance, leadership, and company culture.
The message from the workforce is clear: the way we’re working isn’t working.
Burnout shows up in sleepless nights, chronic fatigue, anxiety, and long-term health conditions. It chips away at a person’s sense of purpose and capacity, turning once-engaged employees into quiet quitters or worse, quiet sufferers. In fact, 76% of workers say they feel burned out at least occasionally, and more than a quarter report feeling this way very often or always.
And burnout doesn’t just take a mental toll. It slows down careers. Burned-out employees are more likely to stop going above and beyond, disengage from growth opportunities, and look elsewhere. According to Gallup, they’re 2.6 times more likely to be actively job hunting. Many workers, especially Millennials and Gen Z, say burnout is a key reason they’re thinking about leaving their jobs.
If your employees are mentally checking out or physically walking away, your company’s culture, performance, and bottom line are already taking a hit.
You might not see burnout on a balance sheet, but make no mistake. It’s draining your profits.
Research estimates that burnout-related issues cost businesses between $4,000 and $21,000 per employee per year, depending on role and seniority. For a mid-sized company, that’s millions of dollars lost annually due to absenteeism, presenteeism (working while unwell), turnover, and healthcare expenses. On a national scale, U.S. healthcare spending tied to workplace burnout is estimated to reach $190 billion annually.
And this isn’t just a people problem for HR to solve in isolation. Burnout reduces productivity, lowers morale, and pushes your most talented people out the door. Reviews that mention burnout often carry lower scores overall, damaging your employer brand and future hiring potential.
In decades past, burnout may have been seen as the price of success, proof of commitment or hustle. But today’s workforce is calling that bluff.
Gen Z and Millennials are demanding something different: flexibility, purpose, boundaries, and rest. And they’re not afraid to leave to find it. If your workplace still treats exhaustion like a badge of honor, you’re going to fall behind, not just in morale, but in retention, reputation, and results.
The truth is, companies that take care of their employees are the ones that will thrive. Because workers who feel supported are more likely to stay, grow, and show up fully.
Start by listening. Ask your team what’s really wearing them down. Look for patterns: Is it unmanageable workloads? Lack of clarity? Poor communication from leadership? Then take tangible action.
That might mean reducing meeting load, training managers to better support mental health, or investing in policies that promote psychological safety. Some companies are even building internal teams of Burnout First Aiders, trained peers who can recognize early warning signs and help direct coworkers toward resources before they reach a breaking point.
Just like fire safety, burnout prevention works best when it’s proactive, not reactive.
Burnout is no longer a personal failing or a passing phase. It is a full-blown workplace crisis. And the old ways of grinding through it simply don’t work anymore. For workers, the cost is their health and career momentum. For businesses, it’s lost talent, productivity, and profit.
We all deserve better. And it starts with building workplaces that care.
To combat this, Workplace Fairness and Verdant Consulting joined forces to develop the Burnout First Aider Certification Course to help employers build a culture that protects their people and their profits. Learn about the course here and head to WorkplaceFairness.org to learn about your legal protections.
Edgar Ndjatou is the Executive Director of Workplace Fairness, a national workers’ rights advocacy nonprofit that develops free, accessible legal resources for workers and promotes improved public policy.
Dr. Allessandria Polizzi is the Founder and CEO of Verdant Consulting, a business consultancy firm that provides science-based skills to help teams & leaders resiliently navigate challenges and ultimately thrive.
]]>There are many meaningful ways you can support Workplace Fairness and help us promote justice and equity in the workplace. Whether you have time, a story to share, or simply want to stay informed, your involvement makes a difference. Here are a few ways to get started:
to stay updated on workplace rights and advocacy efforts.
to raise awareness and inspire change.
to help keep our legal resources accurate and up to date.
to support our mission and expand access to critical employment law information.
Your support empowers workers and strengthens our impact—thank you for being part of the movement.
Please complete the form below to help us understand your situation and connect you with a qualified employment attorney.
]]>
On July 28, 2025, the U.S. Office of Personnel Management (OPM) released updated guidance reaffirming and expanding protections for religious expression in the federal workplace. Issued under the Trump administration, this directive outlines the rights of federal employees to express and practice their faith openly, while also clarifying the responsibilities of federal agencies to accommodate those rights under existing law.
The memo instructs all federal departments and agencies to “robustly protect and enforce” religious expression among employees. This includes the right to display personal religious items—such as a Bible, crucifix, or mezuzah—at an employee’s desk or office, to organize or participate in voluntary prayer or scripture study groups during non-duty hours, and to engage in conversations about religious beliefs, provided such discussions are respectful and cease if a coworker objects.
OPM Director Scott Kupor emphasized the importance of the new guidance, stating:
“Federal employees should never have to choose between their faith and their career. This administration is committed to ensuring that religious expression is welcomed—not suppressed—in our nation’s workforce.”
The guidance is grounded in Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on religion and requires reasonable accommodations for religious practices unless doing so would impose an undue hardship on the employer. It also draws upon the First Amendment and a series of recent executive orders from President Trump, including Executive Order 14202 (aimed at eradicating anti-Christian bias) and Executive Order 14291 (establishing a Religious Liberty Commission to review federal agency practices).
This move signals a broader policy shift emphasizing religious freedom across federal institutions. While prior administrations maintained more neutral stances on religious expression in government settings, this administration has prioritized faith-based rights in employment, education, and public life.
For federal managers, this memo is more than a symbolic statement—it requires agencies to update internal policies and train supervisors to ensure compliance. Agencies are expected to provide clear pathways for employees to request religious accommodations and to evaluate such requests seriously, documenting any justification for denial based on operational hardship.
While the memo has been welcomed by many faith-based organizations and religious freedom advocates, critics caution that it may raise concerns about the potential for religious coercion or proselytization in mixed-belief workplaces. OPM’s guidance addresses this by reminding employees that religious expression must remain voluntary, non-disruptive, and respectful of colleagues’ differing beliefs.
You may display religious symbols and texts in your personal workspace.
You may engage in religious discussions, so long as they are not harassing or disruptive.
You may request reasonable accommodations for religious practices, including scheduling or dress code modifications.
You are protected from retaliation or adverse employment action due to your religious beliefs or expression.
You must respect the rights of coworkers not to participate in religious activities or conversations.
As OPM’s memo underscores, religious liberty is a “bedrock value” that should be safeguarded in all aspects of public service. For federal workers of faith, the updated guidance provides new clarity—and stronger assurances—that their beliefs have a protected place in the workplace.
]]>The memo instructs all federal departments and agencies to “robustly protect and enforce” religious expression among employees. This includes the right to display personal religious items—such as a Bible, crucifix, or mezuzah—at an employee’s desk or office, to organize or participate in voluntary prayer or scripture study groups during non-duty hours, and to engage in conversations about religious beliefs, provided such discussions are respectful and cease if a coworker objects.
OPM Director Scott Kupor emphasized the importance of the new guidance, stating:
“Federal employees should never have to choose between their faith and their career. This administration is committed to ensuring that religious expression is welcomed—not suppressed—in our nation’s workforce.”
The guidance is grounded in Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on religion and requires reasonable accommodations for religious practices unless doing so would impose an undue hardship on the employer. It also draws upon the First Amendment and a series of recent executive orders from President Trump, including Executive Order 14202 (aimed at eradicating anti-Christian bias) and Executive Order 14291 (establishing a Religious Liberty Commission to review federal agency practices).
This move signals a broader policy shift emphasizing religious freedom across federal institutions. While prior administrations maintained more neutral stances on religious expression in government settings, this administration has prioritized faith-based rights in employment, education, and public life.
For federal managers, this memo is more than a symbolic statement—it requires agencies to update internal policies and train supervisors to ensure compliance. Agencies are expected to provide clear pathways for employees to request religious accommodations and to evaluate such requests seriously, documenting any justification for denial based on operational hardship.
While the memo has been welcomed by many faith-based organizations and religious freedom advocates, critics caution that it may raise concerns about the potential for religious coercion or proselytization in mixed-belief workplaces. OPM’s guidance addresses this by reminding employees that religious expression must remain voluntary, non-disruptive, and respectful of colleagues’ differing beliefs.
You may display religious symbols and texts in your personal workspace.
You may engage in religious discussions, so long as they are not harassing or disruptive.
You may request reasonable accommodations for religious practices, including scheduling or dress code modifications.
You are protected from retaliation or adverse employment action due to your religious beliefs or expression.
You must respect the rights of coworkers not to participate in religious activities or conversations.
As OPM’s memo underscores, religious liberty is a “bedrock value” that should be safeguarded in all aspects of public service. For federal workers of faith, the updated guidance provides new clarity—and stronger assurances—that their beliefs have a protected place in the workplace.
]]>AI isn’t replacing your workforce. It’s redefining it. Learn more.
What Employees Want: Benefits, AI, And The Multigenerational Workforce. Learn more.
EEOC Acting Chair Andrea Lucas Confirmed by United States Senate for a Second Term. Learn more.
The Evolution of DEI. Learn more.
]]>This decision affirms a principle many employees—regardless of their background—have long believed to be fundamental: that equal protection under the law means equal access to justice for all.
Prior to this ruling, some courts applied a heightened threshold for plaintiffs who were not part of a historically marginalized group. For example, a white or male employee alleging race- or sex-based discrimination might be required to demonstrate that their situation was “unusual” or “exceptional” in order to proceed with a claim under Title VII.
This approach created an uneven playing field, suggesting that certain workers’ experiences of discrimination were less valid or credible based solely on their demographic identity.
The Supreme Court has now decisively rejected that reasoning. Discrimination claims under Title VII will be evaluated under the same standard—regardless of the claimant’s race, gender, or other protected status.
From an employee’s perspective, this ruling reinforces the idea that the workplace should be governed by fairness, impartiality, and equal opportunity. It confirms that:
Title VII applies to everyone. Whether an employee belongs to a majority or minority group, they are entitled to protection from discrimination on the basis of race, color, religion, sex, or national origin.
The legal standard is consistent. The credibility of a discrimination claim does not depend on the plaintiff’s identity, but on the facts of the case.
Barriers to justice have been lowered. Employees who previously may have hesitated to come forward due to perceived legal obstacles may now feel more empowered to assert their rights.
If you believe you have experienced workplace discrimination, this decision strengthens your ability to seek recourse. Key steps include:
Maintain detailed records of incidents, including dates, times, individuals involved, and any communications.
Review your company’s policies and internal complaint procedures.
Consult with a qualified employment attorney who can assess your case in light of current legal standards.
Take action early, as discrimination claims are often subject to strict deadlines.
This ruling does not diminish the seriousness of discrimination experienced by historically marginalized groups. Rather, it reinforces the core premise of Title VII: that unlawful workplace discrimination is unacceptable in any form, against any individual.
In an era where workplace rights continue to evolve, the Supreme Court’s decision is a reminder that equality under the law must be more than an ideal—it must be reflected in how the law is applied. For employees across the country, this is a meaningful affirmation that fairness in the workplace is a right shared by all.
]]>On June 5, 2025, the U.S. Supreme Court issued a significant ruling that will have lasting implications for workplace discrimination law. In a decisive opinion, the Court clarified that employees who belong to majority groups are not required to meet a higher legal standard when bringing claims under Title VII of the Civil Rights Act of 1964.
This decision affirms a principle many employees—regardless of their background—have long believed to be fundamental: that equal protection under the law means equal access to justice for all.
Prior to this ruling, some courts applied a heightened threshold for plaintiffs who were not part of a historically marginalized group. For example, a white or male employee alleging race- or sex-based discrimination might be required to demonstrate that their situation was “unusual” or “exceptional” in order to proceed with a claim under Title VII.
This approach created an uneven playing field, suggesting that certain workers’ experiences of discrimination were less valid or credible based solely on their demographic identity.
The Supreme Court has now decisively rejected that reasoning. Discrimination claims under Title VII will be evaluated under the same standard—regardless of the claimant’s race, gender, or other protected status.
From an employee’s perspective, this ruling reinforces the idea that the workplace should be governed by fairness, impartiality, and equal opportunity. It confirms that:
Title VII applies to everyone. Whether an employee belongs to a majority or minority group, they are entitled to protection from discrimination on the basis of race, color, religion, sex, or national origin.
The legal standard is consistent. The credibility of a discrimination claim does not depend on the plaintiff’s identity, but on the facts of the case.
Barriers to justice have been lowered. Employees who previously may have hesitated to come forward due to perceived legal obstacles may now feel more empowered to assert their rights.
If you believe you have experienced workplace discrimination, this decision strengthens your ability to seek recourse. Key steps include:
Maintain detailed records of incidents, including dates, times, individuals involved, and any communications.
Review your company’s policies and internal complaint procedures.
Consult with a qualified employment attorney who can assess your case in light of current legal standards.
Take action early, as discrimination claims are often subject to strict deadlines.
This ruling does not diminish the seriousness of discrimination experienced by historically marginalized groups. Rather, it reinforces the core premise of Title VII: that unlawful workplace discrimination is unacceptable in any form, against any individual.
In an era where workplace rights continue to evolve, the Supreme Court’s decision is a reminder that equality under the law must be more than an ideal—it must be reflected in how the law is applied. For employees across the country, this is a meaningful affirmation that fairness in the workplace is a right shared by all.
For more information about your rights under Title VII or to connect with an experienced employment attorney, visit Workplace Fairness.
]]>New Research on How Layoffs Affect the Labor Market. Learn more.
Workplace Injuries Cost Nearly $60 Billion a Year. Here’s What Small Business Owners Need to Know. Learn more.
Power At Work Blogcast #101: How Workers Win – Teamsters Strike Republic Services. Learn more.
For now, House effort to force vote to restore federal worker union rights falls short. Learn more.
]]>Workplace romance is nothing new—after all, many people spend more time at the office than anywhere else. When connections form naturally between colleagues, relationships can develop. But dating someone at work comes with unique challenges and risks that employees should carefully consider.
If you’re thinking about—or are already in—a workplace relationship, here’s a practical guide to navigating it with professionalism and care.
Before pursuing a workplace relationship, the most important step is understanding your company’s rules. Many organizations have specific policies about employee relationships, especially if they involve a supervisor-subordinate dynamic. Some may require disclosure to HR, while others may prohibit them altogether. Violating the policy—even unintentionally—could put your job at risk.
Tip: Check the employee handbook or ask HR for clarification. It’s better to be informed than surprised.
Relationships involving a manager and a direct report are especially risky. They can raise concerns about favoritism, conflicts of interest, and even lead to legal issues, such as harassment claims or coercion allegations. Even if the relationship is mutual, the appearance of impropriety can damage both careers.
Tip: If a power imbalance exists, consider requesting a transfer or finding a way to minimize conflicts of interest. Transparency is key.
Keep romantic interactions out of the workplace. Flirting, PDA, and personal disputes can make coworkers uncomfortable and affect team morale. The goal is to maintain a professional image and ensure your relationship doesn’t become a distraction.
Tip: Save personal conversations for after work, and avoid texting or messaging during business hours unless it’s strictly work-related.
Discuss expectations and boundaries early in the relationship. What happens if you break up? How will you handle disagreements? Setting ground rules can help both partners maintain respect and professionalism, regardless of how the relationship evolves.
Tip: Plan for all outcomes, including a breakup. Be honest with each other about how you’ll handle it in the workplace.
Office relationships often become the subject of gossip, even if you try to keep them private. Be prepared for that possibility and stay focused on your work. If you decide to share your relationship status with coworkers, keep it simple and professional.
Tip: Let HR know if you feel harassed or uncomfortable due to workplace rumors or comments.
Breakups are hard enough—but breaking up with someone you see every day can be especially painful. If the relationship ends, it’s crucial to stay respectful and civil. Avoid venting at work or involving colleagues in the fallout.
Tip: Seek support outside of work. If needed, talk to a manager or HR about options like changing teams or schedules to help manage the situation.
Workplace romance isn’t inherently bad—it can even lead to lasting relationships or marriage—but it does require maturity, self-awareness, and a willingness to respect both your partner and your workplace. By approaching it thoughtfully, you can protect your career and your heart.
If you have questions about your rights as an employee or experience harassment or retaliation related to a workplace relationship, consult an employment attorney or visit Workplace Fairness for more resources.
]]>
If you’re thinking about—or are already in—a workplace relationship, here’s a practical guide to navigating it with professionalism and care.
Before pursuing a workplace relationship, the most important step is understanding your company’s rules. Many organizations have specific policies about employee relationships, especially if they involve a supervisor-subordinate dynamic. Some may require disclosure to HR, while others may prohibit them altogether. Violating the policy—even unintentionally—could put your job at risk.
Tip: Check the employee handbook or ask HR for clarification. It’s better to be informed than surprised.
Relationships involving a manager and a direct report are especially risky. They can raise concerns about favoritism, conflicts of interest, and even lead to legal issues, such as harassment claims or coercion allegations. Even if the relationship is mutual, the appearance of impropriety can damage both careers.
Tip: If a power imbalance exists, consider requesting a transfer or finding a way to minimize conflicts of interest. Transparency is key.
Keep romantic interactions out of the workplace. Flirting, PDA, and personal disputes can make coworkers uncomfortable and affect team morale. The goal is to maintain a professional image and ensure your relationship doesn’t become a distraction.
Tip: Save personal conversations for after work, and avoid texting or messaging during business hours unless it’s strictly work-related.
Discuss expectations and boundaries early in the relationship. What happens if you break up? How will you handle disagreements? Setting ground rules can help both partners maintain respect and professionalism, regardless of how the relationship evolves.
Tip: Plan for all outcomes, including a breakup. Be honest with each other about how you’ll handle it in the workplace.
Office relationships often become the subject of gossip, even if you try to keep them private. Be prepared for that possibility and stay focused on your work. If you decide to share your relationship status with coworkers, keep it simple and professional.
Tip: Let HR know if you feel harassed or uncomfortable due to workplace rumors or comments.
Breakups are hard enough—but breaking up with someone you see every day can be especially painful. If the relationship ends, it’s crucial to stay respectful and civil. Avoid venting at work or involving colleagues in the fallout.
Tip: Seek support outside of work. If needed, talk to a manager or HR about options like changing teams or schedules to help manage the situation.
Workplace romance isn’t inherently bad—it can even lead to lasting relationships or marriage—but it does require maturity, self-awareness, and a willingness to respect both your partner and your workplace. By approaching it thoughtfully, you can protect your career and your heart.
If you have questions about your rights as an employee or experience harassment or retaliation related to a workplace relationship, consult an employment attorney or visit Workplace Fairness for more resources.
]]>
Power At Work Blogcast #99: How Workers Win – UFCW Contract Victory at JBS. Learn more.
New Trump EEOC Pick Pledges to Uphold President’s Agenda . Learn more.
US court seem poised to lift block on Trump curbing union bargaining for federal workers. Learn more.
The Rise Of The Fissured Workplace: What It Means For Workers. Learn more.
]]>As of July 4, 2025, a significant change to the U.S. tax code is in place: the federal government has passed a provision eliminating income tax on tips—up to $25,000—for eligible workers. Tucked into the sweeping One Big Beautiful Bill Act, the “No Tax on Tips” policy has drawn praise, criticism, and a great deal of curiosity from workers, employers, and tax professionals alike.
For tax years 2025 through 2028, workers in traditionally tipped occupations—such as servers, bartenders, hairstylists, valets, delivery drivers, and others—can deduct up to $25,000 in qualified tip income from their federal income taxes. This deduction is “above the line”, which means workers do not need to itemize to benefit from it.
However, the deduction does not apply to payroll taxes—tips will still be subject to Social Security and Medicare taxes, as well as state and local income taxes, depending on jurisdiction.
There is also a phase-out for high earners: individuals earning over $150,000 and married couples earning over $300,000 may see their benefit reduced or eliminated altogether.
The IRS will publish a list of qualifying occupations by October 2, 2025, along with additional guidance on how tip income must be reported to claim the deduction. Importantly, eligible workers must provide their Social Security number on their return (and their spouse’s, if filing jointly).
To be deductible, tips must be:
Reported properly to employers (if required)
Earned in a qualified occupation
Not exceed the $25,000 limit
Supporters of the legislation—including service industry groups and some labor advocates—say this is a win for working-class Americans who rely on tips to make ends meet. In an era of rising costs and labor shortages in hospitality and food service, this measure could help attract and retain workers in industries hit hard by the pandemic and inflation.
Employers may also benefit if the tax savings boost morale and retention, though there are important caveats.
Some labor groups and economists caution that this well-meaning measure may have unintended side effects. For example:
Employers might reduce base wages, knowing workers are getting more after-tax income from tips.
Non-tipped workers—like dishwashers, cooks, and cleaners—are excluded, potentially deepening wage disparities within teams.
Higher-income tipped workers could disproportionately benefit, especially in luxury or high-end service environments.
There are also administrative concerns: will this lead to more underreporting of tips? Will it encourage employers to reclassify wages as tips?
If you’re a tipped employee, take these steps now:
Keep accurate records of all tips received—both cash and credit.
Report your tips properly to your employer to ensure they are tracked and included in your W-2.
Consult a tax advisor early in 2026 to ensure you’re maximizing the deduction without running afoul of IRS rules.
Stay informed—look out for IRS guidance this fall about how to apply the deduction and whether your job qualifies.
The “No Tax on Tips” deduction could offer real relief to millions of workers—but like many tax laws, the benefits will depend on clear implementation and smart planning. Workers should be proactive, and employers should tread carefully to ensure they don’t shift burdens in a way that undermines the spirit of the law.
]]>For tax years 2025 through 2028, workers in traditionally tipped occupations—such as servers, bartenders, hairstylists, valets, delivery drivers, and others—can deduct up to $25,000 in qualified tip income from their federal income taxes. This deduction is “above the line”, which means workers do not need to itemize to benefit from it.
However, the deduction does not apply to payroll taxes—tips will still be subject to Social Security and Medicare taxes, as well as state and local income taxes, depending on jurisdiction.
There is also a phase-out for high earners: individuals earning over $150,000 and married couples earning over $300,000 may see their benefit reduced or eliminated altogether.
The IRS will publish a list of qualifying occupations by October 2, 2025, along with additional guidance on how tip income must be reported to claim the deduction. Importantly, eligible workers must provide their Social Security number on their return (and their spouse’s, if filing jointly).
To be deductible, tips must be:
Reported properly to employers (if required)
Earned in a qualified occupation
Not exceed the $25,000 limit
Supporters of the legislation—including service industry groups and some labor advocates—say this is a win for working-class Americans who rely on tips to make ends meet. In an era of rising costs and labor shortages in hospitality and food service, this measure could help attract and retain workers in industries hit hard by the pandemic and inflation.
Employers may also benefit if the tax savings boost morale and retention, though there are important caveats.
Some labor groups and economists caution that this well-meaning measure may have unintended side effects. For example:
Employers might reduce base wages, knowing workers are getting more after-tax income from tips.
Non-tipped workers—like dishwashers, cooks, and cleaners—are excluded, potentially deepening wage disparities within teams.
Higher-income tipped workers could disproportionately benefit, especially in luxury or high-end service environments.
There are also administrative concerns: will this lead to more underreporting of tips? Will it encourage employers to reclassify wages as tips?
If you’re a tipped employee, take these steps now:
Keep accurate records of all tips received—both cash and credit.
Report your tips properly to your employer to ensure they are tracked and included in your W-2.
Consult a tax advisor early in 2026 to ensure you’re maximizing the deduction without running afoul of IRS rules.
Stay informed—look out for IRS guidance this fall about how to apply the deduction and whether your job qualifies.
The “No Tax on Tips” deduction could offer real relief to millions of workers—but like many tax laws, the benefits will depend on clear implementation and smart planning. Workers should be proactive, and employers should tread carefully to ensure they don’t shift burdens in a way that undermines the spirit of the law.
]]>Research: The Gender Wage Gap Tipping Point. Learn more.
Faith Justice Organizing: Muslim American Workers Advancing the Labor Movement. Learn more.
]]>Workplace Fairness submitted an amicus brief in Wells v. Texas Tech University to support Dr. Cara Wessels Wells in her pursuit of justice before the U.S. Supreme Court, underscoring a critical point: civil rights protections in the workplace must apply to all workers, paid or unpaid.
In this case, Dr. Wells alleges she was retaliated against after reporting sexual misconduct while serving in an unpaid mentorship role at Texas Tech University. The Fifth Circuit ruled that because she did not receive compensation, she was not entitled to protection under Title VII of the Civil Rights Act of 1964. We believe this interpretation is dangerously narrow and inconsistent with both the language and intent of the law.
“No one should lose their civil rights simply because they worked without a paycheck,” said Edgar Ndjatou, Executive Director of Workplace Fairness. “Title VII says ‘any individual,’ and that must include interns, volunteers, fellows, and others performing real labor in real workplaces.”
Across the country, unpaid workers are often in vulnerable positions with little institutional power. Research shows that up to 43% of interns experience harassment or discrimination, yet many have no legal recourse because they are unpaid. Unpaid internships, in particular, have been criticized for reinforcing systemic inequities and allowing organizations to exploit labor.
“At a time when economic justice is central to the national conversation, we must close the loopholes that deny protection to the very people who need it most,” added Ndjatou. “This case is not just about one person. It’s about a fairer, more inclusive future of work.”
The Supreme Court has a chance to resolve a troubling circuit split that leaves millions of unpaid workers subject to discrimination without remedy, depending solely on where they live. We urge the Court to grant certiorari and affirm that Title VII’s civil rights protections cannot be contingent on compensation.
Edgar Ndjatou is available for comment on this amicus brief and other topics related to workers’ rights.
Thank you to Gregg Greenberg of Zipin, Amster & Greenberg for serving as Counsel of Record on the brief. For more information on your rights as a worker, head to WorkplaceFairness.org.
Workplace Fairness is a nonprofit dedicated to educating workers on their rights and advocating for fair treatment. Through resources, outreach, and advocacy, it empowers employees and promotes equitable workplace policies.
On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (OBBBA), bringing two landmark provisions into law—both effective retroactively for the 2025 tax year and expiring December 31, 2028:
No Tax on Tips (Cash/Charged)Up to $25,000 in tips per employee can now be deducted above the line, reducing taxable income
Phase‑out begins at $150,000 AGI (single) / $300,000 (joint)—losing $100 of deduction per $1K over threshold .
Only “qualified tips” apply: voluntary, non-negotiated, paid by the patron and customary before 2025—employer-mandated service charges don’t count
Both cash and charged tips are included, but “non-cash” gratuities like gift baskets aren’t eligible
Employer responsibilities:
Report total tip income and employee occupation on Forms W‑2 and 1099
Update payroll/reporting systems to track qualified tips separately.
Be mindful of existing tip-pooling and minimum-wage regulations—consult legal counsel before adjusting structures
No Tax on Overtime PremiumsA deduction of up to $12,500 (single) or $25,000 (joint) on the overtime “premium” (i.e., the additional half-time portion) is now available—again, above the line
Same AGI phase-out thresholds as tips apply
Does not include Social Security or Medicare tax relief—only federal income tax
Employer responsibilities:
Break out qualified overtime compensation separately on employees’ W‑2s and 1099s .
Maintain clear records of hours and pay rates to avoid misclassification (e.g., reducing base rate to produce premiums artificially) .
Adjust payroll systems and W‑2 processes for compliance.
What This Means for Employers Pros:
Highly visible way to boost take-home pay for tipped and overtime-eligible workers.
Can enhance retention and morale in service-intensive and hourly-heavy sectors.
Challenges:
Payroll & reporting upgrades: Tools must flag, calculate, and output separate tip and overtime premium amounts.
Administrative complexity: Employers must define “qualified” tips/overtime and monitor AGI thresholds.
Legal compliance risk: Any misuse—like reclassifying salary as overtime—may trigger FLSA or IRS audits
State/local inconsistencies: Overtime rules vary across jurisdictions—federal deduction won’t override state obligations
Air on the Side of Due DiligenceAs these deductions will reshuffle taxable income reporting and payroll processes, it’s critical for employers to:
Consult tax advisors and legal counsel to navigate definitions and compliance.
Audit payroll systems now to ensure proper tracking and separate reporting by January 2026.
Train payroll and HR staff on the new line-item requirements in W‑2s/1099s.
Communicate with employees clearly about what qualifies and how deductions affect their withholding and take-home pay.
The “no tax on tips and overtime” policies offer meaningful tax relief to many service and hourly workers. But employers shoulder the bulk of the implementation burden—payroll updates, compliance, training, and policy adjustments. Done right, this could translate to a powerful retention tool. Done sloppily, it could lead to compliance headaches.
]]> No Tax on Tips (Cash/Charged)Up to $25,000 in tips per employee can now be deducted above the line, reducing taxable income
Phase‑out begins at $150,000 AGI (single) / $300,000 (joint)—losing $100 of deduction per $1K over threshold .
Only “qualified tips” apply: voluntary, non-negotiated, paid by the patron and customary before 2025—employer-mandated service charges don’t count
Both cash and charged tips are included, but “non-cash” gratuities like gift baskets aren’t eligible
Employer responsibilities:
Report total tip income and employee occupation on Forms W‑2 and 1099
Update payroll/reporting systems to track qualified tips separately.
Be mindful of existing tip-pooling and minimum-wage regulations—consult legal counsel before adjusting structures
No Tax on Overtime PremiumsA deduction of up to $12,500 (single) or $25,000 (joint) on the overtime “premium” (i.e., the additional half-time portion) is now available—again, above the line
Same AGI phase-out thresholds as tips apply
Does not include Social Security or Medicare tax relief—only federal income tax
Employer responsibilities:
Break out qualified overtime compensation separately on employees’ W‑2s and 1099s .
Maintain clear records of hours and pay rates to avoid misclassification (e.g., reducing base rate to produce premiums artificially) .
Adjust payroll systems and W‑2 processes for compliance.
What This Means for Employers Pros:
Highly visible way to boost take-home pay for tipped and overtime-eligible workers.
Can enhance retention and morale in service-intensive and hourly-heavy sectors.
Challenges:
Payroll & reporting upgrades: Tools must flag, calculate, and output separate tip and overtime premium amounts.
Administrative complexity: Employers must define “qualified” tips/overtime and monitor AGI thresholds.
Legal compliance risk: Any misuse—like reclassifying salary as overtime—may trigger FLSA or IRS audits
State/local inconsistencies: Overtime rules vary across jurisdictions—federal deduction won’t override state obligations
Air on the Side of Due DiligenceAs these deductions will reshuffle taxable income reporting and payroll processes, it’s critical for employers to:
Consult tax advisors and legal counsel to navigate definitions and compliance.
Audit payroll systems now to ensure proper tracking and separate reporting by January 2026.
Train payroll and HR staff on the new line-item requirements in W‑2s/1099s.
Communicate with employees clearly about what qualifies and how deductions affect their withholding and take-home pay.
The “no tax on tips and overtime” policies offer meaningful tax relief to many service and hourly workers. But employers shoulder the bulk of the implementation burden—payroll updates, compliance, training, and policy adjustments. Done right, this could translate to a powerful retention tool. Done sloppily, it could lead to compliance headaches.
How To Support Breastfeeding Employees Returning To The Workplace. Learn more.
Power At Work Blogcast #98: Labor Reporters Roundtable with Josh Eidelson and Michael Sainato. Learn more.
]]>In recent years, mental health has finally taken its rightful place in conversations about workplace wellness. In 2025, that conversation is becoming action—through policies, benefits, and even legal shifts that prioritize psychological well-being. But what does this mean for you as an employee? What should you expect from your employer, and how can you make the most of the support systems available?
Employers are increasingly recognizing that mental health is just as important as physical health. You should expect your workplace to:
Offer Mental Health Benefits: This could include Employee Assistance Programs (EAPs), insurance-covered therapy, mental health days, or access to mental wellness apps.
Foster a Supportive Culture: Leadership should encourage open discussions around mental health and actively work to reduce stigma.
Train Managers on Mental Health Awareness: Supervisors should be trained to recognize signs of distress and know how to guide employees toward appropriate resources.
Support Work-Life Balance: Flexible schedules, reasonable workloads, and remote or hybrid work options are increasingly part of mental wellness strategies.
If your employer is lacking in these areas, it may be time to ask for improvements or look for opportunities elsewhere that value holistic well-being.
A few key trends and legal shifts in 2025 are shaping the mental health landscape for workers:
Expanded Legal Protections: More states are introducing laws that require employers to provide reasonable accommodations for mental health conditions under the Americans with Disabilities Act (ADA).
Mandatory Mental Health Days: Several states and localities have implemented regulations mandating paid mental health days separate from sick leave.
Transparency Requirements: Companies with over a certain number of employees may soon be required to publicly disclose wellness initiatives and the mental health benefits they offer.
Focus on DEI & Mental Health: Mental health programs are increasingly being tailored to reflect the diverse needs of workers from different backgrounds, with attention to trauma-informed care, cultural competence, and language access.
Stay informed about your rights by reviewing updates from your state labor department or trusted workplace advocacy groups.
Even when resources are available, many employees don’t use them—often out of fear, stigma, or confusion. Here’s how to change that:
Know What’s Offered: Request a benefits summary from HR or review your employee handbook to understand what’s available.
Use EAP Services: These often include free, confidential counseling sessions for you and your family members.
Take Mental Health Days: Use them before you’re overwhelmed, not after. Prioritizing your mental health proactively can prevent burnout.
Be Honest with Supervisors (If Safe to Do So): If you’re struggling, consider speaking with a manager or HR about adjustments that could help, such as modified deadlines or work-from-home days.
Stay Connected: Isolation worsens mental health. Participate in employee resource groups or wellness initiatives where available.
Taking care of your mental health is not a weakness—it’s a form of strength and self-respect. If you’re in a workplace that’s falling short, you can advocate for change. Start small: suggest a mindfulness workshop, ask for a mental health training, or share anonymous feedback with HR.
You deserve to work in a place where your mental well-being is valued as much as your productivity. And in 2025, that’s not just a hope—it’s becoming a standard.
If you or someone you know is in crisis, confidential support is available 24/7. Call or text 988 in the U.S. to reach the Suicide & Crisis Lifeline.
]]>Employers are increasingly recognizing that mental health is just as important as physical health. You should expect your workplace to:
Offer Mental Health Benefits: This could include Employee Assistance Programs (EAPs), insurance-covered therapy, mental health days, or access to mental wellness apps.
Foster a Supportive Culture: Leadership should encourage open discussions around mental health and actively work to reduce stigma.
Train Managers on Mental Health Awareness: Supervisors should be trained to recognize signs of distress and know how to guide employees toward appropriate resources.
Support Work-Life Balance: Flexible schedules, reasonable workloads, and remote or hybrid work options are increasingly part of mental wellness strategies.
If your employer is lacking in these areas, it may be time to ask for improvements or look for opportunities elsewhere that value holistic well-being.
A few key trends and legal shifts in 2025 are shaping the mental health landscape for workers:
Expanded Legal Protections: More states are introducing laws that require employers to provide reasonable accommodations for mental health conditions under the Americans with Disabilities Act (ADA).
Mandatory Mental Health Days: Several states and localities have implemented regulations mandating paid mental health days separate from sick leave.
Transparency Requirements: Companies with over a certain number of employees may soon be required to publicly disclose wellness initiatives and the mental health benefits they offer.
Focus on DEI & Mental Health: Mental health programs are increasingly being tailored to reflect the diverse needs of workers from different backgrounds, with attention to trauma-informed care, cultural competence, and language access.
Stay informed about your rights by reviewing updates from your state labor department or trusted workplace advocacy groups.
Even when resources are available, many employees don’t use them—often out of fear, stigma, or confusion. Here’s how to change that:
Know What’s Offered: Request a benefits summary from HR or review your employee handbook to understand what’s available.
Use EAP Services: These often include free, confidential counseling sessions for you and your family members.
Take Mental Health Days: Use them before you’re overwhelmed, not after. Prioritizing your mental health proactively can prevent burnout.
Be Honest with Supervisors (If Safe to Do So): If you’re struggling, consider speaking with a manager or HR about adjustments that could help, such as modified deadlines or work-from-home days.
Stay Connected: Isolation worsens mental health. Participate in employee resource groups or wellness initiatives where available.
Taking care of your mental health is not a weakness—it’s a form of strength and self-respect. If you’re in a workplace that’s falling short, you can advocate for change. Start small: suggest a mindfulness workshop, ask for a mental health training, or share anonymous feedback with HR.
You deserve to work in a place where your mental well-being is valued as much as your productivity. And in 2025, that’s not just a hope—it’s becoming a standard.
If you or someone you know is in crisis, confidential support is available 24/7. Call or text 988 in the U.S. to reach the Suicide & Crisis Lifeline.
]]>Democrats Question EEOC Acting Chair on Trump’s Agency Influence. Learn more.
Why the Best Workplaces Are Investing in Mental Health . Learn more.
A guide to deepfakes in the workplace, for employees and employers. Learn more.
How to address conflict at work. Learn more.
]]> Workplace Fairness, the leading nonprofit in employee rights education, has teamed up with Walker Advertising, a premier legal marketing agency, to deliver high-quality, exclusive leads to employment law firms like yours. Part of our mission is to help workers protect their rights by connecting them with experienced, qualified lawyers. This program brings that mission to life.
Connect with individuals actively seeking legal help for workplace issues like discrimination, harassment, wrongful termination, wage theft, and more.
Workplace Fairness attracts hundreds of thousands of individuals annually who seek reliable information and legal support. Your firm will be featured on a trusted platform backed by decades of advocacy.
Walker Advertising brings 40+ years of experience in connecting consumers with the right legal help—generating thousands of leads every month through targeted digital campaigns.
Leads generated through this program are referred in partnership with Houk Employment Attorneys, a respected plaintiff-side employment firm based in Phoenix, Arizona. Clients enter into a co-counsel and fee-sharing arrangement with the firm, ensuring that cases are handled professionally and ethically. Workplace Fairness has fully vetted this structure with the Arizona Bar, and there are no ethical concerns. It’s a collaborative model designed to expand access to justice—while protecting all parties involved.
1. Sign Up – Join the program with a quick onboarding process.
2. Get Matched – Start receiving leads from prospective clients in your target region.
3. Grow Your Practice – Focus on what you do best: advocating for employees.
Ready to take your practice to the next level? Contact us to learn more about how we can help you grow your practice.
To register for the Workplace Fairness Lead Generation Program, simply select the registration link, which will direct you to a brief attorney qualification questionnaire. This step is essential, as Workplace Fairness carefully vets all prospective participants to ensure they align with our mission of supporting plaintiff-side representation and upholding the highest ethical standards. Completing this questionnaire helps us maintain the integrity of the program and ensures that clients are connected with trusted, qualified attorneys.
Workplace violence is a growing concern across industries, with incidents ranging from verbal threats and harassment to physical assaults. In response, lawmakers at both federal and state levels have implemented regulations to help protect workers and create safer work environments. Understanding the legal framework around workplace violence prevention—and what compliance looks like—is essential for both employers and employees.
The Occupational Safety and Health Administration (OSHA) defines workplace violence as “any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site.” It can affect workers, clients, customers, and visitors, and may occur inside or outside the workplace.
OSHA’s General Duty Clause
While there’s no specific federal law solely dedicated to workplace violence prevention, OSHA’s General Duty Clause requires employers to provide a workplace free from recognized hazards that are likely to cause death or serious physical harm. This includes known risks of workplace violence.
Title VII of the Civil Rights Act
Harassment and threats based on race, gender, religion, or other protected characteristics may also constitute illegal workplace violence under anti-discrimination laws.
Americans with Disabilities Act (ADA)
Employers must handle violent behavior related to mental health issues carefully, ensuring that they do not discriminate while also maintaining a safe workplace.
Several states have taken more specific steps:
California passed SB 553, effective July 1, 2024, requiring nearly all employers to implement written Workplace Violence Prevention Plans, maintain a violent incident log, and provide annual training to employees.
New York, Oregon, and Washington also require certain employers (especially in healthcare or public-facing roles) to implement violence prevention programs.
Illinois and Minnesota mandate workplace violence prevention plans in health care and social service settings.
Because laws vary widely by state, employers and employees must stay updated on applicable regulations where they operate and work.
Conduct Risk Assessments: Evaluate the specific risks in your workplace, considering factors like layout, client interactions, hours of operation, and previous incidents.
Implement a Written Prevention Program: This may be required under certain state laws. It should include reporting procedures, emergency response protocols, and disciplinary policies.
Train Employees: Educate staff on recognizing warning signs, de-escalation techniques, and how to report threats or incidents confidentially.
Keep Incident Logs and Conduct Investigations: Document every reported event and take corrective action where needed. In some jurisdictions, this is legally required.
Create a Culture of Safety: Encourage open communication, support employees who raise concerns, and provide access to employee assistance programs (EAPs) or mental health resources.
Know Your Rights: You have the right to a safe workplace. If you feel threatened or unsafe, you can report it to your employer or to OSHA.
Report Incidents Promptly: Whether it’s verbal abuse or physical aggression, early reporting helps prevent escalation.
Participate in Training: Engage with violence prevention programs offered by your employer—they’re not just for compliance, but for your own safety and awareness.
Support a Respectful Work Culture: Treat colleagues, customers, and supervisors with respect, and intervene or report when you observe inappropriate behavior.
Workplace violence prevention is a shared responsibility. While employers carry the legal obligation to assess and mitigate risks, employees play a vital role in fostering a respectful and vigilant work environment. By staying informed about the laws and best practices, both parties can help reduce risks and ensure safer, more productive workplaces.
Note: This blog is for general informational purposes and does not constitute legal advice. Employers should consult legal counsel to ensure compliance with applicable federal and state laws.
]]>The Occupational Safety and Health Administration (OSHA) defines workplace violence as “any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site.” It can affect workers, clients, customers, and visitors, and may occur inside or outside the workplace.
OSHA’s General Duty Clause
While there’s no specific federal law solely dedicated to workplace violence prevention, OSHA’s General Duty Clause requires employers to provide a workplace free from recognized hazards that are likely to cause death or serious physical harm. This includes known risks of workplace violence.
Title VII of the Civil Rights Act
Harassment and threats based on race, gender, religion, or other protected characteristics may also constitute illegal workplace violence under anti-discrimination laws.
Americans with Disabilities Act (ADA)
Employers must handle violent behavior related to mental health issues carefully, ensuring that they do not discriminate while also maintaining a safe workplace.
Several states have taken more specific steps:
California passed SB 553, effective July 1, 2024, requiring nearly all employers to implement written Workplace Violence Prevention Plans, maintain a violent incident log, and provide annual training to employees.
New York, Oregon, and Washington also require certain employers (especially in healthcare or public-facing roles) to implement violence prevention programs.
Illinois and Minnesota mandate workplace violence prevention plans in health care and social service settings.
Because laws vary widely by state, employers and employees must stay updated on applicable regulations where they operate and work.
Conduct Risk Assessments: Evaluate the specific risks in your workplace, considering factors like layout, client interactions, hours of operation, and previous incidents.
Implement a Written Prevention Program: This may be required under certain state laws. It should include reporting procedures, emergency response protocols, and disciplinary policies.
Train Employees: Educate staff on recognizing warning signs, de-escalation techniques, and how to report threats or incidents confidentially.
Keep Incident Logs and Conduct Investigations: Document every reported event and take corrective action where needed. In some jurisdictions, this is legally required.
Create a Culture of Safety: Encourage open communication, support employees who raise concerns, and provide access to employee assistance programs (EAPs) or mental health resources.
Know Your Rights: You have the right to a safe workplace. If you feel threatened or unsafe, you can report it to your employer or to OSHA.
Report Incidents Promptly: Whether it’s verbal abuse or physical aggression, early reporting helps prevent escalation.
Participate in Training: Engage with violence prevention programs offered by your employer—they’re not just for compliance, but for your own safety and awareness.
Support a Respectful Work Culture: Treat colleagues, customers, and supervisors with respect, and intervene or report when you observe inappropriate behavior.
Workplace violence prevention is a shared responsibility. While employers carry the legal obligation to assess and mitigate risks, employees play a vital role in fostering a respectful and vigilant work environment. By staying informed about the laws and best practices, both parties can help reduce risks and ensure safer, more productive workplaces.
Note: This blog is for general informational purposes and does not constitute legal advice. Employers should consult legal counsel to ensure compliance with applicable federal and state laws.
]]>High Court Weighs Future of Lower Courts’ Nationwide Injunctions. Learn more.s
Sheetz racial discrimination case is on the chopping block as Trump rewrites civil rights. Learn more.
Can an Employer Ask About My Immigration Status?. Learn more.
The ICE arrest of a union leader is firing up labor organizations across the country and pulling them into a fight with Donald Trump over immigration. Learn more.
]]>In today’s evolving workplace, the use of sexual identity pronouns has become a focal point in discussions about inclusivity and respect. Recognizing and using an individual’s preferred pronouns—such as she/her, he/him, they/them, or others—is more than a matter of etiquette; it’s a fundamental aspect of acknowledging and validating personal identity. This practice fosters a sense of belonging and psychological safety, which can lead to increased employee engagement and productivity. Moreover, organizations that prioritize inclusive practices often see benefits in talent acquisition and retention, as they appeal to a broader and more diverse candidate pool.
However, the integration of pronoun usage in professional settings has not been without challenges. Recent legislative actions have introduced complexities. For instance, President Trump’s executive order titled “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government” mandates that federal agencies recognize only male and female biological sexes, potentially influencing private employers to adopt similar stances . Additionally, a federal judge in Texas ruled that the U.S. Equal Employment Opportunity Commission (EEOC) exceeded its authority by issuing guidance intended to protect transgender employees from workplace harassment, asserting that Title VII does not mandate recognition of gender identity beyond biological sex . Such developments have led to a patchwork of policies and interpretations, creating uncertainty for employers striving to balance inclusivity with compliance.
Despite these challenges, the benefits of embracing pronoun inclusivity in the workplace are substantial. Studies indicate that affirming a transgender person’s pronouns can help lower depression and raise self-esteem and well-being . Furthermore, organizations that actively support LGBTQ+ inclusivity often experience enhanced creativity, better decision-making, and improved financial performance . By fostering an environment where all employees feel seen and respected, companies not only uphold ethical standards but also position themselves for greater success in a diverse and dynamic marketplace.
In conclusion, while the path to integrating sexual identity pronouns in the workplace may be fraught with legal and societal hurdles, the pursuit of inclusivity remains a worthwhile endeavor. Employers are encouraged to stay informed about evolving regulations, engage in open dialogues with their teams, and implement policies that reflect a commitment to diversity and respect for all individuals.
Sources
LinedIn
AP
New Yorker
Culture AMP
]]>Forget quiet quitting: I’m using ‘loud living’ to redefine workplace boundaries. Learn more.
HBR’s Best Practices for Supporting Employee Mental Health. Learn more.
Employee Stress Is a Business Risk—Not an HR Problem. Learn more.
]]>When it comes to surveillance at work, you may be surprised at what your employer can legally do. Employers can legally monitor almost anything an employee does at work as long as the reason for monitoring is important enough to the business. Employers may install video cameras, read postal mail and e-mail, monitor phone and computer usage, use GPS tracking, and more. The reason for a particular type of workplace surveillance must be more important than an employee’s expectation of privacy to be legally permissible. For example, an employer most likely would not have a good enough reason to monitor a locker room but would be allowed to monitor conversations between customers and customer service employees. To learn more about your employee rights with respect to surveillance at work, read below.
Listen to our Workplace Surveillance Podcast to learn more about the rights you have, the lack thereof, and how to protect yourself.
]]>
Benefits for Independent Contractors
Portable benefit programs allow independent workers to build a personalized benefits portfolio that travels with them from gig to gig. Typical offerings include:
These flexible structures empower contractors to tailor benefits to their unique needs, enhancing stability without sacrificing work autonomy.
Advantages for Companies
Organizations that support portable benefits gain competitive advantages in today’s talent market:
Federal Initiatives
At the national level, Representative Kevin Kiley introduced the Modern Worker Security Act in February 2025. This legislation proposes a federal safe harbor that permits companies to contribute to portable benefits accounts for independent contractors without triggering employee reclassification risks. By clarifying the regulatory environment, the act aims to preserve workforce flexibility while expanding access to benefits.
State-Level Legislation
Several states have already enacted or are considering laws to pilot or formalize portable benefits:
Conclusion
The expansion of portable benefits reflects a bipartisan effort to modernize benefit structures for an increasingly flexible workforce. By balancing independence with financial security, these initiatives offer a blueprint for sustaining the gig economy while safeguarding workers’ well-being. As both federal and state programs evolve, stakeholders should monitor outcomes, refine contribution mechanisms, and scale successful pilots to ensure that all independent contractors can access the benefits they need.
Sources
]]>
Independent contractors constitute a growing segment of the workforce, drawn by the flexibility and autonomy of gig, freelance, and contract-based roles. However, the traditional employment benefits—health insurance, retirement savings, and paid leave—often remain out of reach. In response, federal and state lawmakers have introduced a series of portable benefits initiatives designed to provide essential support without undermining the independent status that contractors value.
Benefits for Independent Contractors
Portable benefit programs allow independent workers to build a personalized benefits portfolio that travels with them from gig to gig. Typical offerings include:
These flexible structures empower contractors to tailor benefits to their unique needs, enhancing stability without sacrificing work autonomy.
Advantages for Companies
Organizations that support portable benefits gain competitive advantages in today’s talent market:
Federal Initiatives
At the national level, Representative Kevin Kiley introduced the Modern Worker Security Act in February 2025. This legislation proposes a federal safe harbor that permits companies to contribute to portable benefits accounts for independent contractors without triggering employee reclassification risks. By clarifying the regulatory environment, the act aims to preserve workforce flexibility while expanding access to benefits.
State-Level Legislation
Several states have already enacted or are considering laws to pilot or formalize portable benefits:
Conclusion
The expansion of portable benefits reflects a bipartisan effort to modernize benefit structures for an increasingly flexible workforce. By balancing independence with financial security, these initiatives offer a blueprint for sustaining the gig economy while safeguarding workers’ well-being. As both federal and state programs evolve, stakeholders should monitor outcomes, refine contribution mechanisms, and scale successful pilots to ensure that all independent contractors can access the benefits they need.
Sources
]]>
How to turn parental leave into a strategic advantage. Learn more.
Justice Department Establishes Civil Rights Fraud Initiative. Learn more.
Supreme Court allows Trump to fire members of independent agency boards — for now. Learn more.
]]>
For labor unions, the rise of AI raises urgent concerns about transparency, job security, and privacy. AI can be used to evaluate employee performance, track behavior, and even determine layoffs, often through opaque algorithms that workers and their representatives have no ability to question or audit. Unions argue that this undermines collective bargaining and due process.
Labor organizations are advocating for proactive measures, including:
Bargaining for algorithmic transparency to ensure AI systems don’t make biased or arbitrary decisions.
Pushing for policies that require human oversight of AI-driven employment decisions.
Demanding training and reskilling programs so workers can remain competitive in a tech-heavy economy.
By bringing AI governance to the bargaining table, unions aim to secure worker-centered technology policies that prioritize fairness and dignity.
From the employer’s point of view, AI represents a powerful opportunity to improve efficiency, reduce operational costs, and streamline decision-making. Automated systems can analyze data faster than humans, identify trends, and optimize workflows in ways that boost productivity.
However, many forward-thinking employers also recognize the reputational and operational risks of adopting AI without stakeholder buy-in. Concerns about employee morale, public backlash, and legal liabilities are pushing some employers to take a more collaborative approach.
Responsible employers are:
Consulting with employee representatives early in the AI adoption process.
Auditing algorithms for bias and making results transparent.
Investing in employee development to ease transitions brought by automation.
Ultimately, employers who engage in open dialogue with their workforce can build trust and harness AI in a way that benefits everyone.
For individual workers, AI presents a paradox: it can be a tool of empowerment or a source of anxiety. On one hand, AI can take over repetitive or dangerous tasks, potentially freeing up employees to do more meaningful work. On the other hand, it can feel like a faceless overseer—tracking keystrokes, measuring efficiency in real-time, or predicting future behavior based on past data.
Employees are increasingly aware of both the risks and possibilities. Many are asking:
“How is this technology being used to evaluate me?”
“Will I lose my job to a machine?”
“What training do I need to stay relevant?”
There’s a growing appetite for transparency, digital literacy, and involvement in decisions about how AI is deployed. Workers want a say—not just in what AI tools are used, but in how they’re used and why.
AI is not inherently good or bad—it’s a tool. But how it is implemented will shape the future of work for generations. Labor organizing plays a vital role in ensuring that this future is not dictated solely by the interests of efficiency and profit, but includes the voices and values of those who do the work.
To build a just and inclusive AI-driven workplace:
Unions must lead in negotiating guardrails and educating members.
Employers must prioritize ethical adoption and collaboration.
Employees must engage in shaping policies that affect their livelihoods.
As we stand on the edge of another industrial revolution, the time to organize, dialogue, and collaborate is now. Together, we can ensure that AI enhances—not erodes—the human experience of work.
]]>As artificial intelligence (AI) becomes an integral part of the workplace, it’s transforming not just how work is done, but also how work is managed, monitored, and valued. From automated hiring platforms to productivity tracking software, AI tools are redefining roles, responsibilities, and relationships in the workforce. In this rapidly evolving landscape, labor organizing is emerging as a crucial tool to ensure that the rights and dignity of workers are protected—while also addressing the practical needs of employers and the aspirations of employees.
For labor unions, the rise of AI raises urgent concerns about transparency, job security, and privacy. AI can be used to evaluate employee performance, track behavior, and even determine layoffs, often through opaque algorithms that workers and their representatives have no ability to question or audit. Unions argue that this undermines collective bargaining and due process.
Labor organizations are advocating for proactive measures, including:
Bargaining for algorithmic transparency to ensure AI systems don’t make biased or arbitrary decisions.
Pushing for policies that require human oversight of AI-driven employment decisions.
Demanding training and reskilling programs so workers can remain competitive in a tech-heavy economy.
By bringing AI governance to the bargaining table, unions aim to secure worker-centered technology policies that prioritize fairness and dignity.
From the employer’s point of view, AI represents a powerful opportunity to improve efficiency, reduce operational costs, and streamline decision-making. Automated systems can analyze data faster than humans, identify trends, and optimize workflows in ways that boost productivity.
However, many forward-thinking employers also recognize the reputational and operational risks of adopting AI without stakeholder buy-in. Concerns about employee morale, public backlash, and legal liabilities are pushing some employers to take a more collaborative approach.
Responsible employers are:
Consulting with employee representatives early in the AI adoption process.
Auditing algorithms for bias and making results transparent.
Investing in employee development to ease transitions brought by automation.
Ultimately, employers who engage in open dialogue with their workforce can build trust and harness AI in a way that benefits everyone.
For individual workers, AI presents a paradox: it can be a tool of empowerment or a source of anxiety. On one hand, AI can take over repetitive or dangerous tasks, potentially freeing up employees to do more meaningful work. On the other hand, it can feel like a faceless overseer—tracking keystrokes, measuring efficiency in real-time, or predicting future behavior based on past data.
Employees are increasingly aware of both the risks and possibilities. Many are asking:
“How is this technology being used to evaluate me?”
“Will I lose my job to a machine?”
“What training do I need to stay relevant?”
There’s a growing appetite for transparency, digital literacy, and involvement in decisions about how AI is deployed. Workers want a say—not just in what AI tools are used, but in how they’re used and why.
AI is not inherently good or bad—it’s a tool. But how it is implemented will shape the future of work for generations. Labor organizing plays a vital role in ensuring that this future is not dictated solely by the interests of efficiency and profit, but includes the voices and values of those who do the work.
To build a just and inclusive AI-driven workplace:
Unions must lead in negotiating guardrails and educating members.
Employers must prioritize ethical adoption and collaboration.
Employees must engage in shaping policies that affect their livelihoods.
As we stand on the edge of another industrial revolution, the time to organize, dialogue, and collaborate is now. Together, we can ensure that AI enhances—not erodes—the human experience of work.
]]>Ask HR: What Do I Do if My Duties Don’t Match the Job Description? Learn more.
How Employers Are Widening the Definition of Mental Health Benefits. Learn more.
]]>
As recent U.S. policy changes impact workers nationwide alongside rising stress levels and mental health challenges, Workplace Fairness and Elevated Coaching & Consulting are calling attention to the urgent need for psychological safety and well-being in the workplace.
According to Mental Health America’s 2024 Mind the Workplace report, three-quarters of U.S. employees experience high work-related stress, impacting their sleep and personal relationships. A survey by the American Psychological Association found that while 75% of employers believe their workplace supports mental health, only 44% of employees agree. Additionally, 94% of workers report chronic workplace stress, with 99% acknowledging its toll on mental well-being.
Psychological safety—the ability to speak up without fear of retribution—is a key factor in reducing workplace stress and fostering healthier work cultures.
“Workers must feel safe to express concerns and access mental health resources without stigma,” said Edgar Ndjatou, Executive Director of Workplace Fairness. “Without psychological safety, employees struggle in silence, leading to burnout and decreased productivity.”
Factors contributing to poor employee mental health include excessive workloads, lack of managerial support, and unclear expectations. The rise of remote work has also blurred work-life boundaries, exacerbating burnout and isolation.
“Emotional intelligence and trauma-informed leadership are essential for supporting psychological safety and employee well-being,” said Kylie van Luyn, Founder of Elevated Coaching & Consulting. “Leaders must take intentional steps to create environments where employees feel respected, heard and valued.”
Addressing these challenges requires commitment from employers. The two organizations have collaborated on a The Elevated Workplace, a training for employers and organizations on cultivating psychological safety and well-being, belonging and legal compliance in the workplace. Learn more here.
About Workplace Fairness
Workplace Fairness is a nonprofit dedicated to educating workers on their rights and advocating for fair treatment. Through resources, outreach, and advocacy, it empowers employees and promotes equitable workplace policies.
About Elevated Coaching & Consulting
Elevated Coaching & Consulting is a global leader in workplace psychological safety, specializing in emotional intelligence training and trauma-informed leadership to help organizations build supportive and mentally healthy workplaces.
However, the status of transgender individuals in the military has fluctuated with changing administrations. In 2017, the Trump administration announced a ban on transgender individuals serving in the military, citing concerns over military readiness and cohesion. This policy was met with legal challenges and was partially blocked by courts. In 2021, the Biden administration reversed the ban, allowing transgender individuals to serve openly once again.
Transgender service members contribute to the military’s diversity, bringing unique perspectives and experiences that enhance problem-solving and adaptability. Studies, including a 2016 RAND Corporation report, have found that allowing transgender individuals to serve openly has minimal impact on military readiness and healthcare costs. Furthermore, inclusive policies can improve morale and unit cohesion by promoting a culture of respect and equality.
In January 2025, the Trump administration reinstated a ban on transgender individuals serving in the military through Executive Order 14183, titled “Prioritizing Military Excellence and Readiness.” This order directed the Department of Defense to revise policies to exclude individuals who identify with a gender different from their biological sex from military service, citing concerns over unit cohesion and overall military effectiveness. The policy also halted gender-affirming healthcare for transgender troops. Legal challenges ensued, but on May 6, 2025, the U.S. Supreme Court allowed the administration to proceed with the ban while litigation continues.
The fluctuating policies regarding transgender individuals in the military underscore the need for consistent, evidence-based approaches that recognize the contributions of all service members. Ensuring that military policies are inclusive and grounded in research is essential for maintaining a strong and effective force.
]]>Transgender individuals have long served in the U.S. military, often in silence due to policies that prohibited open service. It wasn’t until June 30, 2016, that the Department of Defense lifted the ban on transgender individuals serving openly, allowing them to serve in their affirmed gender. This policy shift marked a significant step toward inclusivity and recognition of transgender service members.
However, the status of transgender individuals in the military has fluctuated with changing administrations. In 2017, the Trump administration announced a ban on transgender individuals serving in the military, citing concerns over military readiness and cohesion. This policy was met with legal challenges and was partially blocked by courts. In 2021, the Biden administration reversed the ban, allowing transgender individuals to serve openly once again.
Transgender service members contribute to the military’s diversity, bringing unique perspectives and experiences that enhance problem-solving and adaptability. Studies, including a 2016 RAND Corporation report, have found that allowing transgender individuals to serve openly has minimal impact on military readiness and healthcare costs. Furthermore, inclusive policies can improve morale and unit cohesion by promoting a culture of respect and equality.
In January 2025, the Trump administration reinstated a ban on transgender individuals serving in the military through Executive Order 14183, titled “Prioritizing Military Excellence and Readiness.” This order directed the Department of Defense to revise policies to exclude individuals who identify with a gender different from their biological sex from military service, citing concerns over unit cohesion and overall military effectiveness. The policy also halted gender-affirming healthcare for transgender troops. Legal challenges ensued, but on May 6, 2025, the U.S. Supreme Court allowed the administration to proceed with the ban while litigation continues.
The fluctuating policies regarding transgender individuals in the military underscore the need for consistent, evidence-based approaches that recognize the contributions of all service members. Ensuring that military policies are inclusive and grounded in research is essential for maintaining a strong and effective force.
]]>Trump oragization ordered to retract “sham” rationale for firing workers. Learn more.
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]]>As temperatures continue to rise and extreme heat events become more common, the Occupational Safety and Health Administration (OSHA) has extended its National Emphasis Program (NEP) on Outdoor and Indoor Heat-Related Hazards through April 8, 2026. Originally set to expire in 2025, this extension signals OSHA’s ongoing commitment to protecting workers from heat-related illnesses and injuries, which remain a serious threat in many workplaces across the United States.
The NEP, originally launched in April 2022 under Directive CPL 03-00-024, focuses on industries with the highest risk of heat exposure—such as agriculture, construction, manufacturing, warehousing, and transportation. It enables OSHA to conduct proactive inspections, even in the absence of a formal complaint, when the National Weather Service issues a heat advisory or warning. This is especially important for workers who are exposed to high temperatures in both outdoor and indoor environments, such as those working near heat-generating equipment.
Under the NEP, employers in high-risk industries are expected to:
Implement heat illness prevention programs, which include providing access to water, rest, and shade or cooling areas.
Train employees and supervisors on the signs, symptoms, and prevention of heat-related illnesses.
Monitor ambient temperatures and modify work schedules or conditions during high-heat days.
Provide acclimatization protocols for new or returning workers to gradually adjust to working in heat.
Develop emergency response procedures for heat-related illnesses.
While OSHA has not yet finalized a permanent heat standard, employers should be aware that failure to take appropriate steps under the General Duty Clause of the Occupational Safety and Health Act may still result in citations.
Employees also play an important role in preventing heat-related incidents. Workers should:
Stay hydrated by drinking water frequently, even if they aren’t thirsty.
Take scheduled breaks in shaded or cooled areas, especially during peak heat hours.
Report symptoms early, such as dizziness, nausea, headache, or excessive sweating.
Look out for coworkers, as heat illness can progress quickly and may be difficult to recognize in oneself.
Participate in training and follow safety procedures provided by the employer.
The extension of OSHA’s NEP through 2026 gives both employers and employees more time to adapt, educate, and strengthen protections against heat-related hazards. As the climate continues to warm, workplace heat safety will remain a top priority. Employers should take this opportunity to reassess their heat illness prevention strategies and ensure compliance, while workers should stay informed and vigilant about their own well-being.
]]>The NEP, originally launched in April 2022 under Directive CPL 03-00-024, focuses on industries with the highest risk of heat exposure—such as agriculture, construction, manufacturing, warehousing, and transportation. It enables OSHA to conduct proactive inspections, even in the absence of a formal complaint, when the National Weather Service issues a heat advisory or warning. This is especially important for workers who are exposed to high temperatures in both outdoor and indoor environments, such as those working near heat-generating equipment.
Under the NEP, employers in high-risk industries are expected to:
Implement heat illness prevention programs, which include providing access to water, rest, and shade or cooling areas.
Train employees and supervisors on the signs, symptoms, and prevention of heat-related illnesses.
Monitor ambient temperatures and modify work schedules or conditions during high-heat days.
Provide acclimatization protocols for new or returning workers to gradually adjust to working in heat.
Develop emergency response procedures for heat-related illnesses.
While OSHA has not yet finalized a permanent heat standard, employers should be aware that failure to take appropriate steps under the General Duty Clause of the Occupational Safety and Health Act may still result in citations.
Employees also play an important role in preventing heat-related incidents. Workers should:
Stay hydrated by drinking water frequently, even if they aren’t thirsty.
Take scheduled breaks in shaded or cooled areas, especially during peak heat hours.
Report symptoms early, such as dizziness, nausea, headache, or excessive sweating.
Look out for coworkers, as heat illness can progress quickly and may be difficult to recognize in oneself.
Participate in training and follow safety procedures provided by the employer.
The extension of OSHA’s NEP through 2026 gives both employers and employees more time to adapt, educate, and strengthen protections against heat-related hazards. As the climate continues to warm, workplace heat safety will remain a top priority. Employers should take this opportunity to reassess their heat illness prevention strategies and ensure compliance, while workers should stay informed and vigilant about their own well-being.
]]>Unions, Not Factories, Will Make America Great Again. Learn more.
Executive Order Targets Accreditors That Impose DEI Requirements on Colleges. Learn more.
DOL Hits Pause on Biden-era Independent Contractor Rule. Learn more.
OSHA Extends Heat Hazard Program. Learn more.
]]>Walmart to Pay $415,112 in EEOC Sexual Harassment and Retaliation Suit. Learn more.
The Jobs That Will Fall First As AI Takes Over The Workplace. Learn more.
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]]>On April 23, 2025, President Donald Trump signed the executive order titled “Restoring Equality of Opportunity and Meritocracy,” aiming to eliminate the federal government’s use of disparate-impact liability in civil rights enforcement. This legal doctrine, established by the Supreme Court in Griggs v. Duke Power Co. (1971), allows challenges to policies that, while neutral on their face, disproportionately harm protected groups such as racial minorities, women, and the disabled, even absent intentional discrimination.
The executive order directs federal agencies to deprioritize enforcement of regulations based on disparate impact and calls for repealing parts of the Civil Rights Act of 1964 that support this doctrine. It asserts that disparate-impact liability has hindered businesses from making hiring and other employment decisions based on merit and skill, due to the risk of disparate outcomes leading to lawsuits.
For employers, this shift may reduce concerns over legal challenges related to neutral policies that inadvertently affect certain groups. However, it also removes a layer of accountability that has historically prompted organizations to examine and adjust practices contributing to systemic disparities. Employees, particularly those from marginalized communities, may find it more challenging to contest policies that result in unequal outcomes, even if unintentional. While the executive order alters federal enforcement priorities, individuals and local governments may still pursue legal action under state and local antidiscrimination laws. The Washington Post
The long-term impact of this executive order remains uncertain, as dismantling established civil rights protections would require demonstrating their unconstitutionality—a significant legal hurdle. Nonetheless, the order marks a substantial shift in federal civil rights policy, emphasizing intent over impact in addressing discrimination.The Washington PostVox
The Americans with Disabilities Act (ADA) is one of the most significant pieces of civil rights legislation in American history. Signed into law in 1990, it prohibits discrimination against individuals with disabilities in all areas of public life — including jobs, schools, transportation, and public and private places open to the general public.
One of the ADA’s most important aspects is its requirement that employers provide “reasonable accommodations” to qualified employees with disabilities. But what exactly does that mean, and how does it work in practice?
A reasonable accommodation is any change or adjustment to a job or work environment that enables a qualified individual with a disability to perform essential job functions or to enjoy equal employment opportunities.
Examples of reasonable accommodations include:
Modifying work schedules
Providing assistive technology or equipment
Adjusting training materials or policies
Making facilities accessible
Allowing remote work or telecommuting options
Reassigning the employee to a vacant position
The goal of accommodations is not to give someone an unfair advantage, but rather to create a level playing field.
The ADA protects individuals with physical or mental impairments that substantially limit one or more major life activities. This includes conditions such as:
Mobility impairments
Chronic illnesses (like diabetes or epilepsy)
Mental health conditions (such as depression, PTSD, or anxiety disorders)
Sensory disabilities (such as blindness or deafness)
It’s important to note that the definition of disability under the ADA is broad. Even temporary impairments, depending on their severity, can sometimes be covered.
When an employee needs an accommodation, the process typically starts with a request. The employee doesn’t need to use any “magic words” or reference the ADA explicitly — they simply need to let their employer know that they need an adjustment related to a medical condition.
From there, employers and employees engage in an interactive process:
The employer may ask for reasonable documentation to understand the disability and the need for accommodation.
Together, they discuss potential accommodations.
Employers are required to provide accommodations unless doing so would create an “undue hardship” — meaning significant difficulty or expense relative to the employer’s size and resources.
Open communication is key. The ADA encourages flexibility and collaboration to find solutions that work for both the employer and the employee.
Providing accommodations is not just about compliance; it’s about building inclusive, supportive workplaces. Research shows that inclusive workplaces have higher employee engagement, lower turnover, and greater innovation. Plus, many accommodations are low-cost or even free — and they create a work environment where all employees can thrive.
The ADA stands as a powerful affirmation of equal rights and opportunities for individuals with disabilities. By understanding the law and committing to meaningful accommodations, employers and employees can work together to foster more inclusive, equitable workplaces for everyone.
If you have questions about your rights or responsibilities under the ADA, consulting with an attorney or a human resources professional can provide valuable guidance.
]]>One of the ADA’s most important aspects is its requirement that employers provide “reasonable accommodations” to qualified employees with disabilities. But what exactly does that mean, and how does it work in practice?
A reasonable accommodation is any change or adjustment to a job or work environment that enables a qualified individual with a disability to perform essential job functions or to enjoy equal employment opportunities.
Examples of reasonable accommodations include:
Modifying work schedules
Providing assistive technology or equipment
Adjusting training materials or policies
Making facilities accessible
Allowing remote work or telecommuting options
Reassigning the employee to a vacant position
The goal of accommodations is not to give someone an unfair advantage, but rather to create a level playing field.
The ADA protects individuals with physical or mental impairments that substantially limit one or more major life activities. This includes conditions such as:
Mobility impairments
Chronic illnesses (like diabetes or epilepsy)
Mental health conditions (such as depression, PTSD, or anxiety disorders)
Sensory disabilities (such as blindness or deafness)
It’s important to note that the definition of disability under the ADA is broad. Even temporary impairments, depending on their severity, can sometimes be covered.
When an employee needs an accommodation, the process typically starts with a request. The employee doesn’t need to use any “magic words” or reference the ADA explicitly — they simply need to let their employer know that they need an adjustment related to a medical condition.
From there, employers and employees engage in an interactive process:
The employer may ask for reasonable documentation to understand the disability and the need for accommodation.
Together, they discuss potential accommodations.
Employers are required to provide accommodations unless doing so would create an “undue hardship” — meaning significant difficulty or expense relative to the employer’s size and resources.
Open communication is key. The ADA encourages flexibility and collaboration to find solutions that work for both the employer and the employee.
Providing accommodations is not just about compliance; it’s about building inclusive, supportive workplaces. Research shows that inclusive workplaces have higher employee engagement, lower turnover, and greater innovation. Plus, many accommodations are low-cost or even free — and they create a work environment where all employees can thrive.
The ADA stands as a powerful affirmation of equal rights and opportunities for individuals with disabilities. By understanding the law and committing to meaningful accommodations, employers and employees can work together to foster more inclusive, equitable workplaces for everyone.
If you have questions about your rights or responsibilities under the ADA, consulting with an attorney or a human resources professional can provide valuable guidance.
]]>SHRM Interpretation of “Marital Status” Discrimination Prevails. Learn more.
NLRB Judge Axes Additional Workplace Rules at Tape Manufacturer. Learn more.
ADA at 35: Reasonably Accommodate Workers with Mental Illness. Learn more.
Return-To-Office: It’s Not About Productivity, It’s About Power. Learn more.
]]>
In early 2025, federal contractors were hit with sweeping regulatory changes that mark a significant shift in how the government approaches affirmative action, diversity mandates, and labor standards. These developments stem from Executive Order 14173, signed in January, which reverses decades of policy under previous administrations.
What Changed?
One of the most impactful shifts is the rollback of affirmative action requirements that have long applied to federal contractors. Executive Order 14173 repeals key provisions of Executive Order 11246, which mandated nondiscrimination in employment practices based on race, gender identity, and sexual orientation. In practice, this means contractors are no longer required to include clauses like the “Prohibition of Segregated Facilities” (FAR 52.222-21) in their contracts.
Federal agencies—including the General Services Administration (GSA) and Department of Defense (DoD)—have already begun updating their contracts and compliance procedures. At the same time, enforcement responsibilities are being centralized under the Department of Labor’s Office of the Assistant Secretary for Policy, diminishing the role of the Office of Federal Contract Compliance Programs (OFCCP).
DEI Programs Under Scrutiny
In addition to eliminating affirmative action mandates, the executive order calls for the removal of existing Diversity, Equity, Inclusion, and Accessibility (DEIA) initiatives that may be interpreted as discriminatory or noncompliant with federal law. This has put pressure on federal contractors to reexamine their internal DEI policies and training programs. Major companies, including Google, are already adjusting their practices to align with the new federal guidelines.
Wage Reductions for Federal Contract Workers
Another controversial change involves federal contractor wages. The administration has rolled back the federal minimum wage for contract workers from $17.75 per hour, which was implemented under a 2021 order, back to pre-2021 levels. This affects a wide range of employees, from janitorial staff to food service workers, many of whom were guaranteed higher wages in recent years.
What Contractors Should Do Now
With so much in flux, it’s critical for contractors to:
Review existing contracts and prepare for updated language and clauses.
Audit current DEI policies and consult legal counsel to ensure compliance with the new rules.
Reevaluate compensation structures for federally contracted employees.
Stay informed about upcoming guidance from the Department of Labor and contracting agencies.
These changes represent a seismic policy shift that could reshape the federal contracting landscape for years to come. Whether you agree with the direction or not, adapting early and staying compliant will be key to maintaining eligibility and good standing in federal procurement.
]]>What Changed?
One of the most impactful shifts is the rollback of affirmative action requirements that have long applied to federal contractors. Executive Order 14173 repeals key provisions of Executive Order 11246, which mandated nondiscrimination in employment practices based on race, gender identity, and sexual orientation. In practice, this means contractors are no longer required to include clauses like the “Prohibition of Segregated Facilities” (FAR 52.222-21) in their contracts.
Federal agencies—including the General Services Administration (GSA) and Department of Defense (DoD)—have already begun updating their contracts and compliance procedures. At the same time, enforcement responsibilities are being centralized under the Department of Labor’s Office of the Assistant Secretary for Policy, diminishing the role of the Office of Federal Contract Compliance Programs (OFCCP).
DEI Programs Under Scrutiny
In addition to eliminating affirmative action mandates, the executive order calls for the removal of existing Diversity, Equity, Inclusion, and Accessibility (DEIA) initiatives that may be interpreted as discriminatory or noncompliant with federal law. This has put pressure on federal contractors to reexamine their internal DEI policies and training programs. Major companies, including Google, are already adjusting their practices to align with the new federal guidelines.
Wage Reductions for Federal Contract Workers
Another controversial change involves federal contractor wages. The administration has rolled back the federal minimum wage for contract workers from $17.75 per hour, which was implemented under a 2021 order, back to pre-2021 levels. This affects a wide range of employees, from janitorial staff to food service workers, many of whom were guaranteed higher wages in recent years.
What Contractors Should Do Now
With so much in flux, it’s critical for contractors to:
Review existing contracts and prepare for updated language and clauses.
Audit current DEI policies and consult legal counsel to ensure compliance with the new rules.
Reevaluate compensation structures for federally contracted employees.
Stay informed about upcoming guidance from the Department of Labor and contracting agencies.
These changes represent a seismic policy shift that could reshape the federal contracting landscape for years to come. Whether you agree with the direction or not, adapting early and staying compliant will be key to maintaining eligibility and good standing in federal procurement.
]]>EEOC Files Agency’s First Subpoena Enforcement Action Under the Pregnant Workers Fairness Act. Learn more.
Trump Administration’s New EEOC Guidance Signals Support for Religious Americans. Learn more.
]]>Every employee deserves to feel safe at work. But for too many people, that sense of security is disrupted by threats, harassment, or even physical violence. That’s why April is designated as Workplace Violence Awareness Month—a time to spotlight the issue, share resources, and empower both workers and employers to take action.
Workplace violence includes any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It can affect—and be carried out by—employees, clients, customers, or visitors.
This broad definition includes:
Verbal abuse or threats
Bullying and harassment
Stalking or intimidation
Physical assaults
Domestic violence that spills into the workplace
Active shooter situations
No workplace is immune. Healthcare, education, retail, and public service sectors are especially vulnerable, but violence can happen in any setting.
Raising awareness is the first step toward prevention. Many employees don’t report concerning behaviors because they fear retaliation or believe nothing will be done. Employers may not know how to spot early warning signs or may lack clear policies for prevention and response.
Workplace Violence Awareness Month encourages organizations to:
Educate their teams on what workplace violence looks like
Provide clear reporting procedures
Offer training on de-escalation and conflict resolution
Foster a culture of open communication and respect
Create or Update a Workplace Violence Prevention Policy.
Outline what behaviors are unacceptable and the steps employees can take to report concerns.
Provide Regular Training.
Help staff recognize warning signs and know how to safely respond to aggressive or violent behavior.
Encourage a Speak-Up Culture.
Ensure employees feel safe and supported when reporting threats or violence.
Support Affected Employees.
Offer counseling, time off, or referrals to external resources after a violent incident.
Evaluate Security Measures.
Review physical security, visitor protocols, and emergency response plans.
Be aware of your surroundings and trust your instincts
Report threats or concerning behavior early
Support colleagues who may be experiencing harassment or violence
Know your employer’s policies and procedures
Workplace violence isn’t just a safety issue—it’s a human issue. It affects morale, productivity, and the mental health of everyone in the workplace. Let’s use April Workplace Violence Awareness Month as a call to action to create safer, more respectful, and more responsive work environments.
]]>Workplace violence includes any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It can affect—and be carried out by—employees, clients, customers, or visitors.
This broad definition includes:
Verbal abuse or threats
Bullying and harassment
Stalking or intimidation
Physical assaults
Domestic violence that spills into the workplace
Active shooter situations
No workplace is immune. Healthcare, education, retail, and public service sectors are especially vulnerable, but violence can happen in any setting.
Raising awareness is the first step toward prevention. Many employees don’t report concerning behaviors because they fear retaliation or believe nothing will be done. Employers may not know how to spot early warning signs or may lack clear policies for prevention and response.
Workplace Violence Awareness Month encourages organizations to:
Educate their teams on what workplace violence looks like
Provide clear reporting procedures
Offer training on de-escalation and conflict resolution
Foster a culture of open communication and respect
Create or Update a Workplace Violence Prevention Policy.
Outline what behaviors are unacceptable and the steps employees can take to report concerns.
Provide Regular Training.
Help staff recognize warning signs and know how to safely respond to aggressive or violent behavior.
Encourage a Speak-Up Culture.
Ensure employees feel safe and supported when reporting threats or violence.
Support Affected Employees.
Offer counseling, time off, or referrals to external resources after a violent incident.
Evaluate Security Measures.
Review physical security, visitor protocols, and emergency response plans.
Be aware of your surroundings and trust your instincts
Report threats or concerning behavior early
Support colleagues who may be experiencing harassment or violence
Know your employer’s policies and procedures
Workplace violence isn’t just a safety issue—it’s a human issue. It affects morale, productivity, and the mental health of everyone in the workplace. Let’s use April Workplace Violence Awareness Month as a call to action to create safer, more respectful, and more responsive work environments.
]]>The FCC Is Investigating Disney’s DEI. Is This A Danger To Creative Brands? Learn more.
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Trump’s Tariffs Will Have Near-immediate Effects on Hiring and Jobs. Learn more
IRS Starts Laying Off 20,000 Workers, Eliminates Civil Rights Office. Learn more.
]]>Medicaid is a vital safety net that provides healthcare coverage to millions of low-income individuals, families, and those with disabilities. However, proposed Medicaid cuts could have far-reaching consequences beyond just access to healthcare. These cuts could create significant disruptions in the workforce, affecting both employees and employers across various industries.
For many low-income workers, Medicaid is their only source of health coverage. If funding is reduced, they may lose access to essential medical services, leading to untreated health conditions. This could force employees to work while sick, reducing their productivity and increasing the likelihood of workplace accidents or errors. In industries such as food service, retail, and manufacturing—where physical labor is often required—employees working through illness could pose risks to both themselves and others.
Additionally, Medicaid supports individuals with disabilities who rely on medical treatments and home care services to remain active in the workforce. Without adequate coverage, many of these individuals may be unable to maintain employment, further shrinking the labor force. This could exacerbate workforce shortages, particularly in sectors that already struggle with high turnover rates.
Medicaid also plays a critical role in providing long-term care services for elderly and disabled individuals. Many family members who serve as caregivers depend on Medicaid to help cover the costs of home health aides and medical treatments. If Medicaid funding is reduced, caregivers may be forced to leave their jobs or cut back on work hours to provide care themselves, resulting in financial strain and lost productivity. This shift could disproportionately affect women, who make up the majority of unpaid caregivers in the U.S.
Businesses may also feel the ripple effects of Medicaid cuts. Higher rates of absenteeism and presenteeism—when sick employees show up to work but are not fully productive—can lead to decreased efficiency and increased healthcare costs for employers. Additionally, industries that rely on Medicaid-supported workers, such as healthcare and home care services, may struggle with staffing shortages as employees face barriers to maintaining their own health.
Moreover, Medicaid helps cover the costs of substance abuse treatment and mental health services. Reductions in these services could contribute to a rise in mental health crises and opioid addiction issues in the workplace, further straining employers and increasing the societal costs of untreated conditions.
Beyond individual workers and businesses, Medicaid cuts could have broader economic consequences. When workers lose access to healthcare, they may delay seeking treatment until emergency care is necessary, increasing costs for hospitals and taxpayers. Additionally, fewer healthy workers in the labor force could slow economic growth and reduce consumer spending, impacting local economies.
Medicaid is more than just a healthcare program—it is a fundamental support system that enables millions of Americans to work, care for their families, and contribute to the economy. Reducing Medicaid funding could lead to negative outcomes not only for those who rely on it directly but for businesses and communities as well. As policymakers consider changes to Medicaid, it is crucial to recognize its role in maintaining a strong, stable, and productive workforce.
]]>
For many low-income workers, Medicaid is their only source of health coverage. If funding is reduced, they may lose access to essential medical services, leading to untreated health conditions. This could force employees to work while sick, reducing their productivity and increasing the likelihood of workplace accidents or errors. In industries such as food service, retail, and manufacturing—where physical labor is often required—employees working through illness could pose risks to both themselves and others.
Additionally, Medicaid supports individuals with disabilities who rely on medical treatments and home care services to remain active in the workforce. Without adequate coverage, many of these individuals may be unable to maintain employment, further shrinking the labor force. This could exacerbate workforce shortages, particularly in sectors that already struggle with high turnover rates.
Medicaid also plays a critical role in providing long-term care services for elderly and disabled individuals. Many family members who serve as caregivers depend on Medicaid to help cover the costs of home health aides and medical treatments. If Medicaid funding is reduced, caregivers may be forced to leave their jobs or cut back on work hours to provide care themselves, resulting in financial strain and lost productivity. This shift could disproportionately affect women, who make up the majority of unpaid caregivers in the U.S.
Businesses may also feel the ripple effects of Medicaid cuts. Higher rates of absenteeism and presenteeism—when sick employees show up to work but are not fully productive—can lead to decreased efficiency and increased healthcare costs for employers. Additionally, industries that rely on Medicaid-supported workers, such as healthcare and home care services, may struggle with staffing shortages as employees face barriers to maintaining their own health.
Moreover, Medicaid helps cover the costs of substance abuse treatment and mental health services. Reductions in these services could contribute to a rise in mental health crises and opioid addiction issues in the workplace, further straining employers and increasing the societal costs of untreated conditions.
Beyond individual workers and businesses, Medicaid cuts could have broader economic consequences. When workers lose access to healthcare, they may delay seeking treatment until emergency care is necessary, increasing costs for hospitals and taxpayers. Additionally, fewer healthy workers in the labor force could slow economic growth and reduce consumer spending, impacting local economies.
Medicaid is more than just a healthcare program—it is a fundamental support system that enables millions of Americans to work, care for their families, and contribute to the economy. Reducing Medicaid funding could lead to negative outcomes not only for those who rely on it directly but for businesses and communities as well. As policymakers consider changes to Medicaid, it is crucial to recognize its role in maintaining a strong, stable, and productive workforce.
]]>
The Next Step in Advancing Workplace Mental Health. Learn more.
President Trump Renominates Andrea R. Lucas to EEOC. Learn more.
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EEOC to Crack Down on Anti-American Employment Bias. Learn more.
]]>In today’s evolving workplace, diversity, equity, and inclusion (DEI) initiatives play a vital role in fostering fair and respectful environments. However, recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) highlights how DEI-related practices, if improperly implemented, can lead to potential discrimination claims. Both employers and employees must understand their rights and responsibilities to promote inclusive workplaces while complying with federal anti-discrimination laws.
The EEOC recently released two essential resources:
These publications clarify how DEI policies can, if not carefully executed, inadvertently violate Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, religion, sex, and national origin.
Selective Advancement: Favoring or disfavoring individuals based on race, gender, or other protected characteristics when making hiring, promotion, or training decisions.
Exclusionary Practices: DEI programs that unintentionally exclude or disadvantage certain groups (e.g., limiting leadership development opportunities to only specific demographics).
Harassment Risks: DEI-related discussions or training that create a hostile or offensive environment for some employees.
For Employers: How to Implement DEI Initiatives ResponsiblyEmployers can promote DEI effectively while reducing legal risks by following these best practices:
Focus on equal opportunity: DEI efforts should aim to expand access for all qualified individuals rather than favoring or disadvantaging particular groups.
Use inclusive language: Avoid program names or descriptions that could be perceived as exclusionary. For example, use “Leadership Development for Underrepresented Groups” instead of “Women-Only Leadership Program.”
Objective criteria: Ensure hiring and promotion decisions are based on skills, qualifications, and performance, not protected characteristics.
Document decisions: Maintain clear records showing that employment decisions are based on legitimate business reasons.
Balance sensitivity with legality: Educate employees on recognizing unconscious bias and promoting inclusion, but avoid messaging that could be interpreted as stereotyping or divisive.
Promote respectful dialogue: Encourage open conversations while emphasizing respect for differing perspectives.
Conduct legal reviews: Have counsel or HR experts periodically review DEI policies to ensure they comply with EEOC regulations.
Measure effectiveness: Use employee surveys and diversity metrics to assess whether DEI programs are promoting inclusion without creating inequities.
For Employees: How to Protect Your RightsWorkers should understand their rights regarding DEI-related discrimination and take proactive steps to safeguard themselves.
Equal treatment: You have the right to fair treatment in all employment decisions, regardless of your race, gender, or other protected characteristics.
No retaliation: It is illegal for employers to retaliate against you for reporting discrimination or harassment.
Document incidents: If you experience or witness DEI-related discrimination, keep detailed records of what occurred, including dates, times, and witnesses.
Report internally first: Follow your company’s procedures by reporting the incident to HR or a designated contact person.
File with the EEOC if necessary: If internal efforts fail, you can file a charge of discrimination with the EEOC.
Engage constructively: When participating in DEI programs, share your perspectives respectfully and be open to different viewpoints.
Seek clarification: If any DEI training makes you uncomfortable or seems discriminatory, ask questions or seek legal guidance.
Conclusion: Striking the Right BalanceDEI programs are essential for promoting workplace fairness, but they must be carefully crafted to comply with anti-discrimination laws. Employers should focus on inclusive practices that benefit all employees, while workers should be aware of their rights and advocate for fair treatment. By fostering open communication and ensuring compliance with EEOC guidance, organizations can build diverse, respectful, and legally sound workplaces.
If you have concerns about DEI-related policies or workplace discrimination, consider consulting with an employment law attorney to understand your rights and options.
]]>
In today’s evolving workplace, diversity, equity, and inclusion (DEI) initiatives play a vital role in fostering fair and respectful environments. However, recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) highlights how DEI-related practices, if improperly implemented, can lead to potential discrimination claims. Both employers and employees must understand their rights and responsibilities to promote inclusive workplaces while complying with federal anti-discrimination laws.
The EEOC recently released two essential resources:
These publications clarify how DEI policies can, if not carefully executed, inadvertently violate Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, religion, sex, and national origin.
Selective Advancement: Favoring or disfavoring individuals based on race, gender, or other protected characteristics when making hiring, promotion, or training decisions.
Exclusionary Practices: DEI programs that unintentionally exclude or disadvantage certain groups (e.g., limiting leadership development opportunities to only specific demographics).
Harassment Risks: DEI-related discussions or training that create a hostile or offensive environment for some employees.
For Employers: How to Implement DEI Initiatives ResponsiblyEmployers can promote DEI effectively while reducing legal risks by following these best practices:
Focus on equal opportunity: DEI efforts should aim to expand access for all qualified individuals rather than favoring or disadvantaging particular groups.
Use inclusive language: Avoid program names or descriptions that could be perceived as exclusionary. For example, use “Leadership Development for Underrepresented Groups” instead of “Women-Only Leadership Program.”
Objective criteria: Ensure hiring and promotion decisions are based on skills, qualifications, and performance, not protected characteristics.
Document decisions: Maintain clear records showing that employment decisions are based on legitimate business reasons.
Balance sensitivity with legality: Educate employees on recognizing unconscious bias and promoting inclusion, but avoid messaging that could be interpreted as stereotyping or divisive.
Promote respectful dialogue: Encourage open conversations while emphasizing respect for differing perspectives.
Conduct legal reviews: Have counsel or HR experts periodically review DEI policies to ensure they comply with EEOC regulations.
Measure effectiveness: Use employee surveys and diversity metrics to assess whether DEI programs are promoting inclusion without creating inequities.
For Employees: How to Protect Your RightsWorkers should understand their rights regarding DEI-related discrimination and take proactive steps to safeguard themselves.
Equal treatment: You have the right to fair treatment in all employment decisions, regardless of your race, gender, or other protected characteristics.
No retaliation: It is illegal for employers to retaliate against you for reporting discrimination or harassment.
Document incidents: If you experience or witness DEI-related discrimination, keep detailed records of what occurred, including dates, times, and witnesses.
Report internally first: Follow your company’s procedures by reporting the incident to HR or a designated contact person.
File with the EEOC if necessary: If internal efforts fail, you can file a charge of discrimination with the EEOC.
Engage constructively: When participating in DEI programs, share your perspectives respectfully and be open to different viewpoints.
Seek clarification: If any DEI training makes you uncomfortable or seems discriminatory, ask questions or seek legal guidance.
Conclusion: Striking the Right BalanceDEI programs are essential for promoting workplace fairness, but they must be carefully crafted to comply with anti-discrimination laws. Employers should focus on inclusive practices that benefit all employees, while workers should be aware of their rights and advocate for fair treatment. By fostering open communication and ensuring compliance with EEOC guidance, organizations can build diverse, respectful, and legally sound workplaces.
If you have concerns about DEI-related policies or workplace discrimination, consider consulting with an employment law attorney to understand your rights and options.
]]>
Trump Big Law Diversity Probe Sows Doubt About Reach of EEOC. Learn more.
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Judge orders thousands of fired federal workers to be rehired. Learn more.
]]>In a significant policy shift, a new Executive Order and recent publications from the U.S. Department of Education have outlined an enforcement strategy aimed at regulating Diversity, Equity, and Inclusion (DEI) initiatives in educational institutions and the private sector. This development underscores the federal government’s intent to ensure that DEI programs align with legal standards and uphold principles of fairness and equal opportunity.
The outlined enforcement strategy introduces increased oversight over DEI programs, focusing on ensuring that these initiatives comply with federal laws, including civil rights and anti-discrimination statutes. Key components of the strategy include:
Educational institutions must proactively assess their DEI programs to ensure compliance. Key steps include:
Private sector organizations should take similar proactive measures:
This new enforcement strategy signals a shift toward more structured oversight of DEI programs. While the objective is not to diminish the importance of diversity and inclusion, it emphasizes that such initiatives must operate within the bounds of existing legal frameworks. By proactively reviewing and adjusting DEI strategies, educational institutions and private businesses can continue fostering inclusive environments while maintaining compliance with federal requirements.
]]>The outlined enforcement strategy introduces increased oversight over DEI programs, focusing on ensuring that these initiatives comply with federal laws, including civil rights and anti-discrimination statutes. Key components of the strategy include:
Educational institutions must proactively assess their DEI programs to ensure compliance. Key steps include:
Private sector organizations should take similar proactive measures:
This new enforcement strategy signals a shift toward more structured oversight of DEI programs. While the objective is not to diminish the importance of diversity and inclusion, it emphasizes that such initiatives must operate within the bounds of existing legal frameworks. By proactively reviewing and adjusting DEI strategies, educational institutions and private businesses can continue fostering inclusive environments while maintaining compliance with federal requirements.
]]>A new Supreme Court case could change how employment law is practiced—and how HR leaders do their jobs. Learn more.
EEOC’s Anti-American Bias Focus Will Test Scope of Title VII. Learn more.
]]>Protections for pregnant workers and new mothers are vital to fostering equitable, inclusive, and productive workplaces. These safeguards ensure that women can maintain their health, job security, and financial stability during and after pregnancy. Without such protections, pregnant employees and new mothers may face unfair treatment, limited career opportunities, or even job loss. Supporting these workers not only upholds legal and ethical standards but also promotes employee well-being, retention, and productivity. Ultimately, workplaces that prioritize these protections help create a culture of respect, diversity, and long-term success.
Federal Protections: The Pregnant Workers Fairness Act (PWFA)
A significant advancement in federal law is the Pregnant Workers Fairness Act (PWFA), which went into effect on June 27, 2023. Administered and enforced by the Equal Employment Opportunity Commission (EEOC), the PWFA requires covered employers to provide reasonable accommodations to workers’ known limitations related to pregnancy, childbirth, or related medical conditions, unless such accommodations would cause undue hardship to the employer.
The EEOC issued its final regulations to implement the PWFA on April 15, 2024, which became effective on June 18, 2024. These regulations provide detailed guidance to employers and employees regarding their rights and responsibilities under the law.
State-Level Initiatives: Recent Developments
In addition to federal protections, various states have enacted laws to further support pregnant workers and new mothers. As of recent counts, thirty states, Washington D.C., and four localities have pregnancy accommodation laws that require employers to provide reasonable accommodations for pregnant and postpartum workers.
For instance, New York has taken a pioneering step by implementing a law effective January 1, 2025, that mandates employers to provide at least 20 hours of paid leave for pregnant workers to attend prenatal medical appointments. This makes New York the first state to offer paid prenatal leave, allowing employees to utilize the leave for various pregnancy-related medical appointments, including physical examinations and fertility treatments.
Challenges and Legal Actions
Despite these advancements, challenges remain in ensuring consistent application of these protections. For example, a federal appeals court recently ruled that a lawsuit filed by 17 states against the EEOC over workplace accommodations for abortions can proceed. The states argue that the EEOC’s regulations under the PWFA illegally expand the scope of the law, highlighting ongoing debates about the extent of accommodations required.
Conclusion
The landscape of protections for pregnant workers and new mothers is continually evolving, with significant strides made at both federal and state levels. The implementation of the PWFA marks a crucial federal commitment to supporting these workers, while state initiatives like New York’s paid prenatal leave demonstrate additional efforts to address specific needs. However, ongoing legal challenges indicate that the interpretation and application of these protections will continue to develop, necessitating vigilance and advocacy to ensure that the rights of pregnant workers and new mothers are upheld across all workplaces.
]]>Federal Protections: The Pregnant Workers Fairness Act (PWFA)
A significant advancement in federal law is the Pregnant Workers Fairness Act (PWFA), which went into effect on June 27, 2023. Administered and enforced by the Equal Employment Opportunity Commission (EEOC), the PWFA requires covered employers to provide reasonable accommodations to workers’ known limitations related to pregnancy, childbirth, or related medical conditions, unless such accommodations would cause undue hardship to the employer.
The EEOC issued its final regulations to implement the PWFA on April 15, 2024, which became effective on June 18, 2024. These regulations provide detailed guidance to employers and employees regarding their rights and responsibilities under the law.
State-Level Initiatives: Recent Developments
In addition to federal protections, various states have enacted laws to further support pregnant workers and new mothers. As of recent counts, thirty states, Washington D.C., and four localities have pregnancy accommodation laws that require employers to provide reasonable accommodations for pregnant and postpartum workers.
For instance, New York has taken a pioneering step by implementing a law effective January 1, 2025, that mandates employers to provide at least 20 hours of paid leave for pregnant workers to attend prenatal medical appointments. This makes New York the first state to offer paid prenatal leave, allowing employees to utilize the leave for various pregnancy-related medical appointments, including physical examinations and fertility treatments.
Challenges and Legal Actions
Despite these advancements, challenges remain in ensuring consistent application of these protections. For example, a federal appeals court recently ruled that a lawsuit filed by 17 states against the EEOC over workplace accommodations for abortions can proceed. The states argue that the EEOC’s regulations under the PWFA illegally expand the scope of the law, highlighting ongoing debates about the extent of accommodations required.
Conclusion
The landscape of protections for pregnant workers and new mothers is continually evolving, with significant strides made at both federal and state levels. The implementation of the PWFA marks a crucial federal commitment to supporting these workers, while state initiatives like New York’s paid prenatal leave demonstrate additional efforts to address specific needs. However, ongoing legal challenges indicate that the interpretation and application of these protections will continue to develop, necessitating vigilance and advocacy to ensure that the rights of pregnant workers and new mothers are upheld across all workplaces.
]]>Harassment in the workplace is a pervasive issue that can have devastating consequences for employees and organizations alike. It creates a toxic environment, diminishes morale, and can lead to legal repercussions if not properly addressed. Understanding what constitutes workplace harassment, recognizing the signs, and taking proactive steps to prevent and address it are crucial to fostering a respectful and inclusive work environment.
Workplace harassment is any unwelcome behavior—verbal, physical, or psychological—that creates an intimidating, hostile, or offensive work environment. It can take various forms, including:
The effects of workplace harassment can be profound, impacting both individuals and organizations. Employees who experience harassment may suffer from stress, anxiety, depression, and decreased job satisfaction. The work environment can become tense, leading to decreased productivity and higher turnover rates. Additionally, businesses that fail to address harassment may face legal consequences, reputational damage, and financial losses.
Creating a workplace free from harassment requires commitment from both employers and employees. By fostering a culture of respect, implementing strong policies, and addressing issues promptly, organizations can ensure a safe and inclusive environment for all. If you or someone you know is experiencing workplace harassment, it is essential to speak up and seek support. No one should have to endure a toxic work environment, and together, we can work toward a more respectful and equitable workplace for everyone.
]]>
Workplace harassment is any unwelcome behavior—verbal, physical, or psychological—that creates an intimidating, hostile, or offensive work environment. It can take various forms, including:
The effects of workplace harassment can be profound, impacting both individuals and organizations. Employees who experience harassment may suffer from stress, anxiety, depression, and decreased job satisfaction. The work environment can become tense, leading to decreased productivity and higher turnover rates. Additionally, businesses that fail to address harassment may face legal consequences, reputational damage, and financial losses.
Creating a workplace free from harassment requires commitment from both employers and employees. By fostering a culture of respect, implementing strong policies, and addressing issues promptly, organizations can ensure a safe and inclusive environment for all. If you or someone you know is experiencing workplace harassment, it is essential to speak up and seek support. No one should have to endure a toxic work environment, and together, we can work toward a more respectful and equitable workplace for everyone.
]]>Anti-US Hiring Bias Targeted by the EEOC. Learn More.
Trump DOJ Signals Pullback on Defense of Pregnant Worker Rule. Learn more.
]]>Are you a federal employee? Are you wondering what your rights are as a federal employee? Employees who work for the government have rights that are protected by the U.S. Constitution during their employment relationship with the government, such as the right to free speech, right against self-incrimination, and right to due process. Federal employment is also subject to laws and other requirements that govern different aspects of employment, such as hiring protocols, union membership rules, and payment schedules. This page outlines the recent developments related to federal employee, federal contractor, and Diversity, Equity, and Inclusion executive orders and laws, as well as information on what workers can do to protect their rights.
Workplace Fairness Statement: We express our deep concern regarding the recent firings of EEOC Commissioners Jocelyn Samuels and Charlotte Burrows, along with NLRB Member Gwynne Wilcox and General Counsel Jennifer Abruzzo. These dismissals raise significant alarms surrounding the protection of workers, and undermine some of the nation’s most critical agencies for promoting equity, fighting discrimination and ensuring fair labor practices in our country.
The Trump administration is making sweeping changes to Diversity Equity, and Inclusion (DEI) programs by eliminating diversity-focused initiatives in federal agencies, government contracting, and workplace training. The administration frames these changes as a move toward “merit-based opportunity,” but in practice, they weaken protections against discrimination, roll back support for underrepresented workers, and make it harder for federal programs to address systemic inequities.
Frequently Asked Questions About Racial Preferences and Stereotypes Under Title VI of the Civil Rights Act
This frequently asked questions document is intended to anticipate and answer questions that may be raised in response to the Dear Colleague Letter: Title VI of the Civil Rights Act in Light of Students for Fair Admissions v. Harvard issued by the U.S. Department of Education’s Office for Civil Rights (OCR)1 on February 14, 2025. This document seeks to provide helpful information about how the decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College,
600 U.S. 181 (2023) (“Students v. Harvard” or “SFFA”), applies to racial classifications, racial preferences, and racial stereotypes as well as how OCR will interpret the ruling in its enforcement of Title VI of the Civil Rights Act of 1964 and its implementing regulations. See the FAQ for more information.
Update on the Legality of Some Executive Order Provisions : On February 21, a federal district court judge issued a preliminary injunction against several elements of Trump’s executive orders regarding DEI or DEIA. The reach of this preliminary injunction goes beyond the plaintiffs in this suit, encompassing similarly situated federal contractors, grantees of federal funds, and private sector entities. The court highlighted the necessity of preserving the current state of affairs during the litigation and halting the enforcement of the contested provisions.
Overview of DEI-related Executive Orders
The Equal Employment Opportunity Commission issued guideance on DEI and discrimination in the workplance. Visit the website to learn about the guideance.
How Workers’ Can Protect Their Rights
This is an overview of the Trump Administration’s executive orders regarding federal employees and federal contractors.
Religious Expression
Under the Trump administration, the Office of Personnel Management (OPM) issued a memo on July 28, 2025, affirming that federal workers may freely express their religious beliefs in the workplace—with agency leaders instructed to “robustly protect and enforce” these rights. Employees can display religious items such as Bibles, crucifixes, and mezuzahs; organize group prayers or scripture study during off-duty time; and even engage in conversations—including attempts to persuade coworkers of the correctness of their faith—so long as such discussions are respectful and cease if requested. See the memo for more information.
Fededral Workforce Reductions
On July 8, 2025, the Supreme Court of the United States granted the Trump administration’s request to stay a lower-court judge’s order blocking President Donald Trump’s plan to reduce and restructure the federal workforce, including proposed massive cuts to the U.S. Department of Labor (DOL), the National Labor Relations Board (NLRB), the National Institute for Occupational Safety and Health (NIOSH), and other federal agencies regulating employers.
The ruling temporarily allows the Trump administration to continue its efforts to reorganize the federal workforce under the Department of Government Efficiency initiative while merits-based legal challenges to the planned reductions are pending.
New Executive Orders
The “Restoring Accountability to Policy-Influencing Positions within the Federal Workforce” Executive Order reinstates Executive Order 13957 (Creating Schedule F in the Excepted Service), with amendments, sgnificantly impacts federal employees in policy-related roles by altering their job classifications, protections, and hiring processes. It reinstates Schedule F Classification which affects certain federal employees in policy-influencing positions; these employees will be moved into Schedule F, placing them outside traditional civil service protections. Employees in this classification may lose job security and due process rights, making them easier to remove.
How Workers Can Protect Their Rights Under the New Executive Orders
Understand Your Rights
Monitor Workplace Policy Changes
Document Potential Discrimination or Retaliation
Seek Legal or Advocacy Support
Engage in Workplace Dialogue
Revoked Executive Orders
How Workers Can Protect Their Rights Under the Revoked Executive Orders
With the revocation of these executive orders, employees—particularly those in federal contracting, minority or underserved communities, and those benefiting from workplace protections—should take proactive steps to safeguard their rights. Here’s what they can do:
Know Your Rights
Pay Attention to Employer Policy Changes
Protect Your Job & Advancement Opportunities
Document Workplace Practices & Decisions
Seek Legal & Advocacy Support
Advocate for Fair Workplaces
Resources to Protect Your Rights
Visit workplacefairness.org Federal Workers Rights page for more information on resources to understand and protect your rights.
Independent Contractor Rule
On May 1, 2025, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin confirming that it will no longer enforce a 2024 Biden-era independent contractor rule. The 2024 rule defined “independent contractor” under the Fair Labor Standards Act (FLSA) and set forth a six-factor test to classify workers as employees or independent contractors. The 2024 rule had been subject to numerous legal challenges in district courts across the country.
The DOL has announced it is currently reviewing and developing a revised standard for determining employee versus independent contractor status. In the meantime, the DOL confirmed that it will enforce the FLSA in accordance with both DOL Fact Sheet #13, published July 2008, and a 2019 Opinion Letter addressing independent contractor classifications in virtual marketplaces.
Executive Orders
On January 20, 21, and 29, 2025, President Trump issued a series of executive orders regarding the EEOC. Visit the EEOC website for up-to-date developments.
Disparate Impact Theory
On April 23, 2025, President Trump signed an executive order instructing that federal agencies cease using the disparate impact theory of liability under federal civil rights laws, including Title VII of the Civil Rights Act of 1964 (addressing employment discrimination) and Title VI (addressing discrimination in education). See the Executive Order for more information.
Recent executive orders have caused the Equal Employment Opportunity Commission (EEOC) to abandon litigation and guidance on LGBTQ+ protections and other areas that were priorities during the Biden administration.
The Equal Employment Opportunity Commission is taking a step toward evaluating workplace discrimination claims filed by transgender people after the agency began automatically classifying them as meritless upon Trump taking office and designating Andrea Lucas acting chair, The Washington Post reports.
In a July 1 email to staff, “Thomas Colclough, director of the agency’s field operations, said the EEOC will process cases that ‘fall squarely’ under the 2020 Supreme Court precedent Bostock v. Clayton County, which found that firing transgender workers because of their gender identity violates the Civil Rights Act of 1964. If the agency finds enough evidence that discrimination took place, gender identity cases will still be reviewed by a senior attorney as well as the office of the chair, Colclough wrote.”
President Trump signed an executive order directing the federal government to define “sex” as only male or female and for that to be reflected on official government documents such as passports, policies, and federal prison assignments. The Order also directs federal agencies to use the term “sex” instead of “gender” and to remove statements, policies, and communications that “promote gender ideology.” The order further requires federal agencies to give effect to the order’s definitions when applying their statutes, regulations, and guidance.
In response to the order, the EEOC has taken several steps including:
Another recent executive order signed by President Trump involves developing artificial intelligence (“AI”) “free from ideological bias or engineered social agendas.” This order impacts new EEOC guidance regarding the use of AI by employers in hiring practices. Recent changes seen in this area include:
In 2024, the EEOC issued its final rule implementing the Pregnant Workers Fairness Act (“PWFA”). The PWFA requires employers to provide reasonable accommodations for an employee or applicant’s known limitations relating to pregnancy, childbirth, or related medical conditions. Because of its inclusion of abortion protections, the final rule led to several legal challenges.
Though President Trump has not commented or released an executive order directly impacting the PWFA or the final rule, EEOC Acting Chair Andrea Lucas voted against the final rule in 2024.
Advisory: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 10-23
This Training and Employment Guidance Letter directs the public
workforce development system to update all policies and procedures to ensure that all participants served by the programs identified in the guidance are legally authorized to work in the United States. The overall goal of the Workforce Innovation and Opportunity Act (WIOA) is to prepare job seekers and workers to succeed in the labor market while helping employers hire the skilled workers they need to compete in the global economy. Accordingly, participants served through WIOA and the related programs above must have valid work authorization. See the letter for more information.
The Occupational Safety and Health Administration (OSHA) plays a pivotal role in setting and enforcing safety standards to protect workers. By implementing regulations and providing guidance, OSHA helps organizations maintain safe working conditions. However, recent developments have raised concerns about the future of DEI initiatives within workplace safety frameworks.
Recent reports indicate that OSHA has removed several safety guidelines and documents from its official platforms, many of which contained references to DEI concepts. This action appears to be in response to executive directives aimed at eliminating DEI-related content from federal agencies. The removal of these resources has led to confusion and concern among employers and safety professionals who rely on OSHA’s guidance to maintain compliant and safe workplaces.
The absence of these documents may hinder the ability of organizations to effectively address safety issues that disproportionately affect minority and marginalized groups. Research has shown that workers of color often face higher rates of work-related injuries and illnesses, underscoring the need for DEI-focused safety interventions.
The National Safety Council (NSC) has highlighted the critical intersection of DEI and workplace safety. In a recent report, the NSC emphasized that incorporating DEI principles is essential for preventing workplace injuries, particularly musculoskeletal disorders (MSDs), which are among the most common workplace injuries.
Diverse and inclusive workplaces are better equipped to identify and mitigate risks, as they benefit from a wide range of perspectives and experiences. By fostering an environment where all employees feel valued and heard, organizations can enhance their safety cultures and outcomes.
The recent actions affecting OSHA’s DEI-related resources have sparked a broader conversation about the role of diversity and inclusion in workplace safety. While some argue that removing DEI content streamlines safety protocols, many experts contend that it overlooks the nuanced challenges faced by a diverse workforce.
Ensuring workplace safety in today’s multifaceted work environments requires an approach that acknowledges and addresses the unique needs of all employees. As the dialogue continues, it remains imperative for organizations to advocate for and implement safety practices that are both inclusive and equitable, recognizing that the well-being of their workforce depends on it.
]]>EEOC Acting Chair Vows to Protect American Workers from Anti-American Bias. Learn more.
America’s Workplace Safety System Is in Disarray, as OSHA Bungles Anti-DEI Compliance. Learn more.
]]>The Future of Gender Identity in the Workplace: Navigating Executive Order 14168
The landscape of gender identity in the workplace is undergoing a significant shift in light of Executive Order 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Trust to the Federal Government. This order recognizes only two sexes—male and female—and signals a policy direction that diverges from recent efforts to expand gender inclusivity in workplace policies. As organizations adjust to this new framework, questions arise about the future of gender identity protections, inclusivity efforts, and the broader implications for workplace culture.
Executive Order 14168 establishes a legal and administrative stance that limits federal recognition of gender identity beyond the binary of male and female. By reinforcing policies that adhere strictly to biological sex, the order could affect non-discrimination protections, workplace benefits, and diversity initiatives, particularly within federal agencies and government contractors. This shift presents challenges for employers striving to balance compliance with evolving social expectations around inclusivity.
For businesses, this order may necessitate a reassessment of existing policies related to gender identity. Potential impacts include:
Despite the shift in federal policy, many private sector companies are expected to maintain their commitment to inclusive workplace practices. Employers seeking to navigate this evolving landscape should consider:
The future of gender identity in the workplace will likely be shaped by ongoing legal challenges, evolving public sentiment, and corporate leadership decisions. While Executive Order 14168 establishes a federal standard recognizing only two sexes, businesses and organizations must determine how best to balance compliance with their commitments to inclusivity and employee well-being. As these developments unfold, maintaining open dialogue and adapting policies thoughtfully will be crucial to fostering workplaces that are both legally sound and supportive of all employees.
]]>
The landscape of gender identity in the workplace is undergoing a significant shift in light of Executive Order 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Trust to the Federal Government. This order recognizes only two sexes—male and female—and signals a policy direction that diverges from recent efforts to expand gender inclusivity in workplace policies. As organizations adjust to this new framework, questions arise about the future of gender identity protections, inclusivity efforts, and the broader implications for workplace culture.
Executive Order 14168 establishes a legal and administrative stance that limits federal recognition of gender identity beyond the binary of male and female. By reinforcing policies that adhere strictly to biological sex, the order could affect non-discrimination protections, workplace benefits, and diversity initiatives, particularly within federal agencies and government contractors. This shift presents challenges for employers striving to balance compliance with evolving social expectations around inclusivity.
For businesses, this order may necessitate a reassessment of existing policies related to gender identity. Potential impacts include:
Despite the shift in federal policy, many private sector companies are expected to maintain their commitment to inclusive workplace practices. Employers seeking to navigate this evolving landscape should consider:
The future of gender identity in the workplace will likely be shaped by ongoing legal challenges, evolving public sentiment, and corporate leadership decisions. While Executive Order 14168 establishes a federal standard recognizing only two sexes, businesses and organizations must determine how best to balance compliance with their commitments to inclusivity and employee well-being. As these developments unfold, maintaining open dialogue and adapting policies thoughtfully will be crucial to fostering workplaces that are both legally sound and supportive of all employees.
]]>
How Trump and Musk are eviscerating workers’ rights. Learn more.
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We recently expressed our deep concerns regarding the firings of EEOC and NLRB commissioners and General Counsels of those bodies, and renew these concerns in light of new reports that the new administration is also attempting to remove Cathy Harris, Chair of the Merit Systems Protection Board (MSPB). This move threatens the integrity of an institution vital to protecting the workplace rights of federal employees and ensuring due process.
The MSPB’s Senate-confirmed leadership is designed to be insulated from political pressure to maintain fairness. Removing Chair Harris undermines this principle and sets a dangerous precedent for politicizing worker protections.
The direct attack on MSPB leadership puts federal employment protections at immediate risk, by jeopardizing the efficacy of a tribunal that serves, in many cases, as the sole means of recourse for federal employees subject to unfair and illegal conduct at work. As such, the MSPB plays a crucial role in upholding workplace equity and ensuring workplace fairness. Adding to this troubling situation, the Administration has already threatened broad swaths of the federal workforce with purported reductions in force, as well as seeking “deferred resignations.” Challenges to these types of actions are exactly what the MSPB was created to address, making the continued integrity and independence of the board even more critical in defending the rights of federal employees.
We reaffirm our commitment to fairness, transparency, and the rule of law in protecting workers. We call on policymakers and the public to reject these threats to worker protections and advocate for the preservation of institutions that serve justice and safeguard worker protections from political interference.
About Workplace Fairness
Workplace Fairness is a nonprofit organization dedicated to promoting fair treatment for workers across the nation. We provide resources, information, and advocacy for employees to understand and exercise their rights in the workplace. Our mission is to empower workers and advocate for policies that ensure equitable labor practices, strengthen workplace protections, and promote justice for all individuals in their employment experiences. With a focus on education and engagement, we strive to create a fairer workplace environment where every worker is respected and valued.
]]>Recent shifts in U.S. immigration policy have introduced significant challenges for undocumented workers, reshaping the landscape for both employees and employers across various industries. The implementation of Executive Order 14159, titled Protecting The American People Against Invasion, has intensified immigration enforcement by expanding expedited removal processes, denying federal funding to sanctuary jurisdictions, and imposing penalties on undocumented individuals who fail to register.
These measures have heightened fears of deportation among undocumented workers, particularly in labor-intensive industries like agriculture, construction, and food service. These sectors rely heavily on immigrant labor, and the potential for mass deportations threatens to create significant labor shortages. If these industries struggle to maintain a stable workforce, consumers may experience increased costs for goods and services, and businesses may face financial instability due to the loss of skilled and reliable workers.
Additionally, the crackdown on undocumented workers poses challenges for disaster recovery efforts, as immigrant labor plays a crucial role in rebuilding communities affected by natural disasters. From repairing homes to restoring essential infrastructure, undocumented workers often serve as the backbone of these efforts. Without their contributions, recovery efforts could be delayed, prolonging hardship for affected communities.
Beyond the economic and logistical implications, these policy changes have left many undocumented workers and their families in a state of anxiety and uncertainty. Fear of deportation discourages workers from reporting workplace abuses, seeking medical care, or participating in community activities, further marginalizing an already vulnerable population. Employers, too, face dilemmas as they navigate compliance with new regulations while striving to retain their workforce.
These challenges underscore the urgent need for comprehensive immigration reform that balances enforcement with the economic contributions of immigrant communities. A path to legal status for undocumented workers, combined with policies that support businesses reliant on immigrant labor, could provide a more sustainable and humane approach to immigration policy. Without such measures, the current crackdown risks disrupting essential industries, undermining economic stability, and deepening social divisions.
As immigration policies continue to evolve, it is crucial to consider their broader impact on both the economy and the human lives they affect. A thoughtful, balanced approach can help ensure that the nation’s labor force remains strong while upholding the values of fairness and opportunity that have long defined America.
]]>These measures have heightened fears of deportation among undocumented workers, particularly in labor-intensive industries like agriculture, construction, and food service. These sectors rely heavily on immigrant labor, and the potential for mass deportations threatens to create significant labor shortages. If these industries struggle to maintain a stable workforce, consumers may experience increased costs for goods and services, and businesses may face financial instability due to the loss of skilled and reliable workers.
Additionally, the crackdown on undocumented workers poses challenges for disaster recovery efforts, as immigrant labor plays a crucial role in rebuilding communities affected by natural disasters. From repairing homes to restoring essential infrastructure, undocumented workers often serve as the backbone of these efforts. Without their contributions, recovery efforts could be delayed, prolonging hardship for affected communities.
Beyond the economic and logistical implications, these policy changes have left many undocumented workers and their families in a state of anxiety and uncertainty. Fear of deportation discourages workers from reporting workplace abuses, seeking medical care, or participating in community activities, further marginalizing an already vulnerable population. Employers, too, face dilemmas as they navigate compliance with new regulations while striving to retain their workforce.
These challenges underscore the urgent need for comprehensive immigration reform that balances enforcement with the economic contributions of immigrant communities. A path to legal status for undocumented workers, combined with policies that support businesses reliant on immigrant labor, could provide a more sustainable and humane approach to immigration policy. Without such measures, the current crackdown risks disrupting essential industries, undermining economic stability, and deepening social divisions.
As immigration policies continue to evolve, it is crucial to consider their broader impact on both the economy and the human lives they affect. A thoughtful, balanced approach can help ensure that the nation’s labor force remains strong while upholding the values of fairness and opportunity that have long defined America.
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]]>Diversity, Equity, and Inclusion (DEI) are essential principles for creating fair and productive workplaces. Recently, the Trump Administration has made changes that eliminate DEI initiatives in the federal government. Some state governments will follow the federal government’s lead as will some private employers. Below are some frequently asked questions to help clarify what DEI is, why it matters, and how it impacts workers and organizations.
Workplace Fairness Statement: We express our deep concern regarding the recent firings of EEOC Commissioners Jocelyn Samuels and Charlotte Burrows, along with NLRB Member Gwynne Wilcox and General Counsel Jennifer Abruzzo. These dismissals raise significant alarms surrounding the protection of workers, and undermine some of the nation’s most critical agencies for promoting equity, fighting discrimination and ensuring fair labor practices in our country.
Diversity refers to the presence of differences within a workplace, including race, gender, age, ability, religion, sexual orientation, and more.
Equity means ensuring fair treatment, access, and opportunities for all employees, recognizing that different individuals may need different levels of support to succeed.
Inclusion is the practice of creating a work environment where all employees feel valued, respected, and empowered to contribute fully.
DEI fosters a more innovative, engaged, and productive workforce by ensuring that all employees have an equal opportunity to thrive. Research shows that diverse teams are more creative, companies with inclusive cultures perform better financially, and employees are more satisfied in workplaces that prioritize fairness and respect.
No. DEI is about removing barriers, not creating unfair advantages. It ensures that everyone—regardless of background—has a fair chance to succeed based on their skills and qualifications. Equity recognizes that people may start from different positions due to historical and systemic inequalities, and it works to level the playing field.
DEI encourages organizations to implement fair hiring and promotion practices by reducing biases in recruiting, interviewing, and evaluating candidates. It doesn’t mean hiring unqualified individuals—it means ensuring that everyone has an equal shot at opportunities based on their skills and experience.
No. While DEI has gained more attention in recent years, its principles have long been essential to workplace fairness. Civil rights laws, equal employment policies, and diversity initiatives have existed for decades to prevent discrimination and promote equal opportunity. Companies that prioritize DEI are better able to attract top talent, retain employees, and build stronger work environments.
DEI isn’t just for corporate offices—it benefits all workers. In industries like construction, manufacturing, trucking, and healthcare, DEI can:
DEI lowers standards.”
Reality: DEI ensures qualified people from all backgrounds get fair opportunities—it does not mean hiring or promoting unqualified workers.
False: “DEI is only about race and gender.”
Reality: DEI includes veterans, workers with disabilities, older employees, and many others who face workplace barriers.
False: “DEI creates division.”
Reality: DEI fosters teamwork and inclusion, making workplaces stronger and more collaborative.
When DEI initiatives are rolled back, workers may face:
The Trump administration is making sweeping changes to DEI programs by eliminating diversity-focused initiatives in federal agencies, government contracting, and workplace training. The administration frames these changes as a move toward “merit-based opportunity,” but in practice, they weaken protections against discrimination, roll back support for underrepresented workers, and make it harder for federal programs to address systemic inequities.
These policies also target gender inclusion efforts, removing protections for LGBTQ+ employees and restricting workplace policies aimed at fostering inclusive environments. By dismantling DEI programs, the administration is not promoting fairness—it is reinforcing structural inequalities that make workplaces less inclusive and less equitable for millions of American workers.
The Equal Employment Opportunity Commission issued guideance on DEI and discrimination at work. Visit the Equal Employment Opportunity Website to learn about the specific guideance.
ERGs are employee-driven groups focused on a shared and often protected characteristic, life experience, or interest. Limiting participation in ERGs to employees who are protected by a factor such as race, ethnicity, or gender has aleady been seen as problematic by the courts and is likely to attract even more attention now as the administration targets various diversity initiatives. As a best practice, ERGs should be open to all employees.
Here are some examples of legal ERGS:
The Society of Human Resources (SHRM), recommends that “all private companies evaluate their inclusion and diversity initiatives to ensure they provide equal access to opportunities, skills development, and do not give special advantages to one person or group over another, avoiding any perception of identity-based favoritism,” she said. “They should also review their initiatives to determine whether they foster inclusivity or inclusive workplace cultures.”
Workers can take several steps to protect their rights in response to the Trump administration’s executive orders on DEI:
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]]>At the federal level, drug testing in the workplace is governed by several laws and regulations, particularly for employers in safety-sensitive industries or those with federal contracts. Key federal guidelines include:
In addition to federal requirements, employers must comply with state-specific laws, which can vary significantly. Some states have detailed regulations governing when and how drug tests can be conducted, as well as protections for employees. Here are a few examples:
To navigate the complexities of workplace drug testing, employers should:
Workplace drug testing is a valuable tool for promoting safety and productivity, but it must be implemented thoughtfully and in compliance with legal requirements. By understanding the interplay between federal and state laws, employers can craft policies that balance their operational needs with respect for employee rights. As laws and societal attitudes toward drug use continue to evolve, staying informed and adaptable will remain essential for maintaining a fair and effective workplace.
]]>Drug testing in the workplace is a widely used practice aimed at promoting safety, productivity, and adherence to legal and regulatory standards. However, the implementation of drug testing policies requires careful navigation of federal and state laws, as well as consideration of employee rights. In this blog post, we’ll explore the legal framework governing workplace drug testing and highlight how laws can vary across states.
At the federal level, drug testing in the workplace is governed by several laws and regulations, particularly for employers in safety-sensitive industries or those with federal contracts. Key federal guidelines include:
In addition to federal requirements, employers must comply with state-specific laws, which can vary significantly. Some states have detailed regulations governing when and how drug tests can be conducted, as well as protections for employees. Here are a few examples:
To navigate the complexities of workplace drug testing, employers should:
Workplace drug testing is a valuable tool for promoting safety and productivity, but it must be implemented thoughtfully and in compliance with legal requirements. By understanding the interplay between federal and state laws, employers can craft policies that balance their operational needs with respect for employee rights. As laws and societal attitudes toward drug use continue to evolve, staying informed and adaptable will remain essential for maintaining a fair and effective workplace. See workplacefairness.org for more informationon drug testing and the workplace.
]]>
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]]>As artificial intelligence (AI) becomes increasingly embedded in our daily lives, from job recruitment to healthcare, credit decisions, and law enforcement, the question of fairness in AI systems has gained critical importance. While AI holds the potential to revolutionize industries and make decisions more efficient, it also brings with it the risk of algorithmic discrimination—a phenomenon where AI systems treat individuals or groups unfairly, often based on biased data or flawed algorithm design. This blog post delves into what algorithmic discrimination is, its causes, its real-world consequences, and steps we can take to mitigate it.
Algorithmic discrimination occurs when AI systems or machine learning algorithms produce biased or unequal outcomes for specific groups of people. This could involve denying loans, misidentifying individuals in facial recognition software, or showing discriminatory hiring patterns—all without explicit intent by developers. The root of algorithmic discrimination often lies in the data the algorithms are trained on or in the way the algorithms are designed and deployed.
For instance, if historical hiring data used to train a recruitment algorithm reflects societal biases—such as favoring male candidates for technical roles—the AI system may inadvertently perpetuate those same biases. Even seemingly neutral inputs can lead to discriminatory outcomes if the system makes inferences that correlate strongly with sensitive attributes like race or gender.
Algorithmic discrimination can arise from several factors, including:
Algorithmic discrimination is not just a theoretical issue; it has real-world implications that can harm individuals and exacerbate societal inequalities. Here are a few examples:
Mitigating algorithmic discrimination requires a combination of technical, ethical, and regulatory approaches. Here are some key strategies:
Algorithmic discrimination has the potential to reinforce existing social inequalities and erode public trust in AI technologies. As AI becomes more pervasive, addressing these issues is critical to ensuring that its benefits are distributed equitably and that no group is unfairly disadvantaged. By prioritizing fairness, accountability, and inclusivity in AI development, we can work toward a future where technology serves as a tool for empowerment rather than oppression.
Algorithmic discrimination is a complex but solvable problem. While no system can be entirely free from bias, we can take proactive steps to minimize harm and ensure that AI systems are designed with fairness and equity at their core. By recognizing the risks, fostering transparency, and holding organizations accountable, we can harness the power of AI to create a more just and inclusive society.
As artificial intelligence (AI) becomes increasingly embedded in our daily lives, from job recruitment to healthcare, credit decisions, and law enforcement, the question of fairness in AI systems has gained critical importance. While AI holds the potential to revolutionize industries and make decisions more efficient, it also brings with it the risk of algorithmic discrimination—a phenomenon where AI systems treat individuals or groups unfairly, often based on biased data or flawed algorithm design. This blog post delves into what algorithmic discrimination is, its causes, its real-world consequences, and steps we can take to mitigate it.
Algorithmic discrimination occurs when AI systems or machine learning algorithms produce biased or unequal outcomes for specific groups of people. This could involve denying loans, misidentifying individuals in facial recognition software, or showing discriminatory hiring patterns—all without explicit intent by developers. The root of algorithmic discrimination often lies in the data the algorithms are trained on or in the way the algorithms are designed and deployed.
For instance, if historical hiring data used to train a recruitment algorithm reflects societal biases—such as favoring male candidates for technical roles—the AI system may inadvertently perpetuate those same biases. Even seemingly neutral inputs can lead to discriminatory outcomes if the system makes inferences that correlate strongly with sensitive attributes like race or gender.
Algorithmic discrimination can arise from several factors, including:
Algorithmic discrimination is not just a theoretical issue; it has real-world implications that can harm individuals and exacerbate societal inequalities. Here are a few examples:
Mitigating algorithmic discrimination requires a combination of technical, ethical, and regulatory approaches. Here are some key strategies:
Algorithmic discrimination has the potential to reinforce existing social inequalities and erode public trust in AI technologies. As AI becomes more pervasive, addressing these issues is critical to ensuring that its benefits are distributed equitably and that no group is unfairly disadvantaged. By prioritizing fairness, accountability, and inclusivity in AI development, we can work toward a future where technology serves as a tool for empowerment rather than oppression.
Algorithmic discrimination is a complex but solvable problem. While no system can be entirely free from bias, we can take proactive steps to minimize harm and ensure that AI systems are designed with fairness and equity at their core. By recognizing the risks, fostering transparency, and holding organizations accountable, we can harness the power of AI to create a more just and inclusive society.
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]]>Algorithmic discrimination refers to the use of artificial intelligence (AI) systems that result in differential treatment or impacts on individuals or groups based on characteristics such as race, gender, age, socioeconomic status, or other protected attributes. This phenomenon occurs when AI algorithms inadvertently learn and replicate biases present in the data they are trained on or are designed in ways that disproportionately disadvantage certain populations. Algorithmic discrimination can manifest in various contexts, such as hiring decisions, loan approvals, facial recognition systems, and law enforcement tools, potentially reinforcing existing inequalities and perpetuating systemic bias. Addressing algorithmic discrimination requires careful consideration of fairness, transparency, and accountability in the design, development, and deployment of AI systems.
In today’s world, where diversity and inclusion are becoming cornerstones of organizational culture, achieving pay equity in the workplace is more important than ever. Pay equity ensures that all employees are compensated fairly for work of equal value, regardless of gender, race, ethnicity, or other personal characteristics. Not only is pay equity a moral and legal imperative, but it is also essential for fostering employee trust, satisfaction, and productivity. Let’s dive into what pay equity is, why it matters, and how organizations can take actionable steps to implement it.
Pay equity is the practice of compensating employees fairly for performing the same or equivalent work, while considering factors like skills, experience, effort, and working conditions. It eliminates wage gaps that are often based on biases or systemic inequalities, such as the gender pay gap or racial wage disparities. The goal is simple: equal pay for equal work.
Pay equity is often confused with the concept of “equal pay,” but the two are slightly different. Equal pay refers to ensuring that employees performing the same job are paid the same amount, while pay equity focuses on ensuring that employees performing equivalent work—work that requires similar skills, effort, and responsibility—are compensated fairly.
Achieving pay equity requires a proactive approach and a commitment to transparency. Here are some actionable steps organizations can take:
The first step is to analyze current pay practices and identify any disparities. A pay equity audit compares salaries across similar roles while accounting for factors like experience and education. These audits can highlight systemic gaps and areas for improvement.
Organizations should develop standardized, transparent policies for determining salaries, raises, and bonuses. Pay decisions should be based on objective criteria such as job responsibilities, performance, and market rates, rather than subjective or biased factors.
Bias, whether conscious or unconscious, often plays a role in pay disparities. Providing training to managers and HR personnel on topics like unconscious bias, diversity, and equity can help create a fairer pay structure.
Regularly compare your organization’s compensation practices with industry standards to ensure competitiveness. This helps to attract and retain top talent while maintaining fair pay practices.
Transparency is a powerful tool for promoting pay equity. When employees understand how pay decisions are made, it reduces the likelihood of mistrust and perceptions of unfairness. Some companies are even adopting open pay scales to demonstrate their commitment to equity.
Pay equity is not a one-time fix—it’s an ongoing process. Set measurable goals, track progress, and make adjustments as needed. Regularly communicating progress to employees reinforces a company’s commitment to fairness.
While progress has been made in closing pay gaps, there is still work to be done. According to the World Economic Forum, it could take over a century to close the global gender pay gap at the current rate of progress. However, organizations have the power to accelerate change by prioritizing pay equity and holding themselves accountable.
Pay equity is more than just a compliance issue—it’s a critical driver of business success and social change. By embracing fair pay practices, companies can create a workplace culture that values equality, builds trust, and unlocks the full potential of every employee.
If you’re an employer, now is the time to take a closer look at your pay practices and commit to change. For employees, don’t hesitate to advocate for transparency and fairness in your workplace. Together, we can create a world where pay equity is the norm, not the exception. Achieving pay equity may require effort and introspection, but the rewards—both for individuals and organizations—are well worth it. After all, fairness isn’t just good ethics; it’s good business.
In today’s world, where diversity and inclusion are becoming cornerstones of organizational culture, achieving pay equity in the workplace is more important than ever. Pay equity ensures that all employees are compensated fairly for work of equal value, regardless of gender, race, ethnicity, or other personal characteristics. Not only is pay equity a moral and legal imperative, but it is also essential for fostering employee trust, satisfaction, and productivity. Let’s dive into what pay equity is, why it matters, and how organizations can take actionable steps to implement it.
Pay equity is the practice of compensating employees fairly for performing the same or equivalent work, while considering factors like skills, experience, effort, and working conditions. It eliminates wage gaps that are often based on biases or systemic inequalities, such as the gender pay gap or racial wage disparities. The goal is simple: equal pay for equal work.
Pay equity is often confused with the concept of “equal pay,” but the two are slightly different. Equal pay refers to ensuring that employees performing the same job are paid the same amount, while pay equity focuses on ensuring that employees performing equivalent work—work that requires similar skills, effort, and responsibility—are compensated fairly.
Achieving pay equity requires a proactive approach and a commitment to transparency. Here are some actionable steps organizations can take:
The first step is to analyze current pay practices and identify any disparities. A pay equity audit compares salaries across similar roles while accounting for factors like experience and education. These audits can highlight systemic gaps and areas for improvement.
Organizations should develop standardized, transparent policies for determining salaries, raises, and bonuses. Pay decisions should be based on objective criteria such as job responsibilities, performance, and market rates, rather than subjective or biased factors.
Bias, whether conscious or unconscious, often plays a role in pay disparities. Providing training to managers and HR personnel on topics like unconscious bias, diversity, and equity can help create a fairer pay structure.
Regularly compare your organization’s compensation practices with industry standards to ensure competitiveness. This helps to attract and retain top talent while maintaining fair pay practices.
Transparency is a powerful tool for promoting pay equity. When employees understand how pay decisions are made, it reduces the likelihood of mistrust and perceptions of unfairness. Some companies are even adopting open pay scales to demonstrate their commitment to equity.
Pay equity is not a one-time fix—it’s an ongoing process. Set measurable goals, track progress, and make adjustments as needed. Regularly communicating progress to employees reinforces a company’s commitment to fairness.
While progress has been made in closing pay gaps, there is still work to be done. According to the World Economic Forum, it could take over a century to close the global gender pay gap at the current rate of progress. However, organizations have the power to accelerate change by prioritizing pay equity and holding themselves accountable.
Pay equity is more than just a compliance issue—it’s a critical driver of business success and social change. By embracing fair pay practices, companies can create a workplace culture that values equality, builds trust, and unlocks the full potential of every employee.
If you’re an employer, now is the time to take a closer look at your pay practices and commit to change. For employees, don’t hesitate to advocate for transparency and fairness in your workplace. Together, we can create a world where pay equity is the norm, not the exception. Achieving pay equity may require effort and introspection, but the rewards—both for individuals and organizations—are well worth it. After all, fairness isn’t just good ethics; it’s good business.
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Many states currently regulate employment discrimination based on sexual orientation, but the extent of that regulation varies by jurisdiction. Some states prohibit a bias in hiring, promotion, firing, and compensation based on an employee’s sexual orientation. With recent legislation, many states are also working towards extending protection to cover gender identity. To get more information about federal laws protecting you from sexual orientation or gender identity discrimination see our main Sexual Orientation Discrimination and Gender Identity Discrimination pages. Also visit our Attorney Listing to find a local attorney who can answer your questions. Click on your state below to find out about your state’s laws.
Select your state from this list.
Alabama
Alabama does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Alaska
Alaska does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Arizona
Arizona does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Arkansas
Arkansas does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
California
California has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors. The California Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment due to sexual orientation in employment. An employer must have 5 employees to be covered by state law.
The FEHA also makes it illegal for an employer to retaliate against an employee for protesting illegal discrimination related to sexual orientation discrimination.
*Provisions in the California Government Code and FEHA offer similar employee protections to individuals of other protected classes, including those suffering from gender identity discrimination at work.
Colorado
Senate Bill 25 – the Employment Nondiscrimination Act – protects against both sexual orientation and gender identity discrimination in both the public and private sectors in Colorado. Under Colorado Law, it is unlawful to consider sexual orientation or gender identity when making employment-related decisions, including hiring, firing, or inquiries about an employee’s sexual orientation or gender identity.
The law applies to all employers, employment agencies, labor organizations, on-the-job training, and vocational training programs and schools — regardless of size. There is no minimum employee requirement to file
Complaints must be filed within 6 months of the last date of the alleged discriminatory action. To learn more about employment protections in Colorado, or to file a complaint visit the Colorado web portal.
Connecticut
The Connecticut Act Concerning Discrimination bars discrimination against both sexual orientation and gender identity discrimination in both the public and private sectors. An employer must have 3 employees to be covered by the state law.
Delaware
The Delaware Discrimination in Employment Act (DDEA) protects individuals against employment discrimination on the basis of sexual orientation and gender identity. It applies to employers with 4 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations.
It is unlawful to discriminate against any employee or applicant for employment because of his/her sexual orientation (heterosexuality, homosexuality, or bisexuality) in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment.
District of Columbia
The District of Columbia has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors. The D.C. Human Rights Act prohibits termination, suspension, demotion, failure to hire, and harassment of individuals based on their sexual orientation and gender identity. There is no employee minimum to file a claim under state law.
Florida
Florida does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Georgia
Georgia does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Hawaii
Hawaii law §378-2 explicitly prohibits discrimination based on both sexual orientation and gender identity or expression in employment. The law does not provide for a minimum employee requirement to file a claim.
The discrimination protections for sexual orientation in employment were added in 1991. In 2005 protections were extended to housing and in 2006 to public accommodations, both for sexual orientation and gender identity or expression. In 2011, a bill extended gender identity or expression. In 2011, gender identity or expression protections were extended to employment.
Idaho
Idaho does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Illinois
The Illinois Human Rights Acts protects against both sexual orientation and gender identity discrimination in both the public and private sectors. An employer must have 15 employees to be covered by the state law.
To learn more about the requirements of the Illinois Human Rights Act or to file an employment discrimination complaint, visit the Illinois Department of Human Rights website.
Indiana
Indiana does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
* An April 2017 ruling from the 7th Circuit Court of Appeals found that discrimination based on sexual orientation is outlawed under a federal law prohibiting “sex discrimination.” The ruling applies to public employers.
Iowa
Iowa Code § 216.6 and § 216.6A protects sexual orientation discrimination in both the public and private sectors. An employer must have 4 employees to be covered by the state law.
An Iowa law has removed “gender identity” as a protected class in the Iowa Civil Rights Act, which prohibits discrimination in employment, wages, public accommodations, housing, education, and credit practices. See the law for more information. See the law for more information.
Kansas
Kansas no longer has a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Between 2007 and 2015, Kansas prohibited discrimination on the basis of sexual orientation or gender identity for state employees, but that order was rescinded on February 10, 2015.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Kentucky
Kentucky does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Louisiana
As of November 1, 2017, Louisiana no longer has a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Maine
Maine’s Human Rights Actprohibits discrimination on the basis of sex (including “gender identity or expression” in the definition of sexual orientation). The Act covers all public and private employers in the state.
In addition to prohibiting employment discrimination, the Act prohibits employers from working with an employment agency that the employer knows or has reason to know discriminates. Similarly, employment agencies are prohibited from carrying out an employer’s discriminatory preferences. There is no employee minimum under state law, but if there are fewer than 15 employees, damages you can recover may be limited.
Maryland
The Fairness for All Marylanders Act of 2014 protects employees against both sexual orientation and gender identity discrimination in both the public and private sectors. Maryland employment anti-discrimination law applies only to employers with 15 or more employees.
Massachusetts
Massachusetts has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors. The Fair Employment Practices Law guarantees that no person shall suffer discrimination in the terms, conditions, or privileges of his or her employment because of his or her protected class status, unless based upon a bona fide occupational qualification. An employer must have 6 employees to be covered by the state law.
Michigan
Michigan’s Elliot-Larsen Civil Rights Act prohibits employment discrimination on the basis of “sex.” However the implications of this were rather ambiguous until 2018 when the Michigan Civil Rights Commission declared that sexual orientation and gender identity discrimination are a form of sex discrimination. This means that the existing sex protections now include both sexual orientation and gender identity.
Minnesota
The Minnesota Human Rights Act (MHRA) protects against both sexual orientation and gender identity discrimination in both the public and private sectors. There is no employee minimum to file a claim under state law.
Mississippi
Mississippi does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Missouri
Missouri does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Currently, a 2010 executive order only prohibits discrimination in public employment based on sexual orientation. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Montana
Montana does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. However, currently, there is a 2016 executive order that prohibits discrimination on the basis of sexual orientation and gender identity for state employees, as well state contractors and subcontractors.
Please check back as new legislation develops or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Nebraska
Nebraska does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Nevada
Nevada has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors. The law applies to employers with 15 or more employees, including state and local governments, to employment and temporary staffing agencies, and to labor organizations.
New Hampshire
New Hampshire has statutes that protect against both sexual orientation (1997) and gender identity (2018) discrimination in both the public and private sectors. There are no state laws prohibiting discrimination based on gender identity. An employer must have 6 employees to be covered by the state law.
New Jersey
The New Jersey Law Against Discrimination (LAD). N.J.S.A. 10:5-1, et seq., protects against both sexual orientation and gender identity discrimination in both the public and private sectors. There is no employee minimum to file a claim under state law.
New Mexico
New Mexico’s Act Relating to Human Rights (NM Stat. Sec. 28-1-7 et seq.) protects against both sexual orientation and gender identity discrimination in both the public and private sectors. The Act applies to employers with four or more employees, except that discrimination based on sexual orientation or gender identity applies to employers with 15 or more employees.
New York
NewYork has statutes that protect against both sexual orientation (2002) and gender identity (2019) discrimination in both the public and private sectors. This means that New York’s Human Rights Law extends its employment discrimination protections to transgender and non-gender conforming individuals..
North Carolina
North Carolina has a regulation that prohibits discrimination based on both sexual and gender identity; however, the regulation is only applicable to the public sector, and it is against state law to sue in state court for such discrimination. Discrimination on the grounds of sexual orientation and gender identity are not prohibited statewide in private employment. A year after it’s passing, North Carolina repealed its HB2 legislation, which imposed substantial limitation and restriction to sexual orientation and gender identity discrimination protection. HB2 was replaced with HB142, which provided no guidance regarding employment discrimination for the aforementioned classes; therefore, in the absence of a statewide discrimination law, protection is only provided on the basis of federal law.
Under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
North Dakota
North Dakota does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Ohio
Ohio does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Oklahoma
Oklahoma does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Oregon
Oregon has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors. There is no employee minimum to file a claim under state law.
While Oregon has many explicit protections at the state level against sexual orientation discrimination, it forbids political subdivisions from passing or enforcing additional enactments that grant rights or single out individuals on the basis of sexual orientation, including gender identity.
Pennsylvania
Pennsylvania Human Relations Commission declared in 2018 that existing sex protections should explicitly be interpreted to include both sexual orientation and gender identity.
Rhode Island
Rhode Island has several statutes that provide protection against both sexual orientation and gender identity discrimination in both the public and private sectors. In Rhode Island, companies with four or more employees are subject to the state’s antidiscrimination law.
South Carolina
South Carolina does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
South Dakota
South Dakota does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Tennessee
Tennessee does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Texas
Texas does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Utah
Utah has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors. An employer must have 15 employees to be covered by the state law.
Vermont
Vermont has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors. There is no employee minimum to file a claim under state law.
Virginia
Virginia has a regulation that prohibits discrimination based on both sexual and gender identity; however, the regulation is only applicable to the public sector.
Washington
Washington has statutes that protect against both sexual orientation and gender identity discrimination in both the public and private sectors. An employer must have 8 employees to be covered by the state law.
West Virginia
West Virginia does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
Wisconsin
Wisconsin only provides employees protection against sexual orientation in both the public and private sectors. There is no employee minimum to file a claim under state law.
Wyoming
Wyoming does not currently have a statewide law that protects workers against discrimination on the basis of sexual orientation and/or gender identity and expression. Please check back as new legislation develops, or consult with an attorney in your area to see if there are other laws which may protect you against discrimination.
However, under federal law, the EEOC says that discrimination based on sexual orientation is a form of sex discrimination. Please refer back to the main discrimination page for more information about filing a claim with the EEOC.
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]]>Wearable technologies, such as fitness trackers, smartwatches, and health-monitoring devices, have revolutionized the way individuals and organizations approach health and productivity. These devices collect vast amounts of data, including heart rate, activity levels, sleep patterns, and even stress indicators. In workplaces, wearable tech is often promoted as a tool to enhance wellness programs, boost efficiency, and reduce healthcare costs. However, their integration into professional settings raises significant legal and ethical questions, particularly regarding compliance with federal anti-discrimination laws.
Two primary federal laws play a crucial role in governing how wearable technology intersects with employee rights:
Employers who adopt wearable technology programs must prioritize the privacy and confidentiality of employee data. The Health Insurance Portability and Accountability Act (HIPAA) may also apply if health data collected by wearables is shared with group health plans. Policies should clearly outline what data will be collected, how it will be used, and who will have access. Transparency is key to building trust and avoiding legal pitfalls.
To ensure compliance with federal anti-discrimination laws while leveraging the benefits of wearable technology, employers should consider the following best practices:
As wearable technologies become more advanced, their use in workplaces will likely continue to grow. Employers must stay informed about evolving legal standards and technological capabilities. By adopting ethical practices and ensuring compliance with federal anti-discrimination laws, organizations can foster a workplace culture that values innovation while protecting employees’ rights.
Wearable technology has the potential to transform workplaces, but its adoption must be guided by a commitment to fairness, privacy, and legal compliance. With the right approach, employers can unlock the benefits of these innovations without compromising trust or violating the law.
]]>Two primary federal laws play a crucial role in governing how wearable technology intersects with employee rights:
Employers who adopt wearable technology programs must prioritize the privacy and confidentiality of employee data. The Health Insurance Portability and Accountability Act (HIPAA) may also apply if health data collected by wearables is shared with group health plans. Policies should clearly outline what data will be collected, how it will be used, and who will have access. Transparency is key to building trust and avoiding legal pitfalls.
To ensure compliance with federal anti-discrimination laws while leveraging the benefits of wearable technology, employers should consider the following best practices:
As wearable technologies become more advanced, their use in workplaces will likely continue to grow. Employers must stay informed about evolving legal standards and technological capabilities. By adopting ethical practices and ensuring compliance with federal anti-discrimination laws, organizations can foster a workplace culture that values innovation while protecting employees’ rights.
Wearable technology has the potential to transform workplaces, but its adoption must be guided by a commitment to fairness, privacy, and legal compliance. With the right approach, employers can unlock the benefits of these innovations without compromising trust or violating the law.
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]]>Noncompete agreements have long been a fixture in employment contracts, designed to protect businesses from unfair competition by restricting employees from working for competitors or starting similar ventures after leaving a job. However, these agreements have increasingly come under scrutiny for limiting employee mobility, suppressing wages, and stifling innovation. Both state legislatures and federal regulators are reevaluating the scope and enforceability of noncompete agreements, leading to a wave of legal reforms aimed at curbing their use.
States across the U.S. are leading the charge in reshaping the rules surrounding noncompete agreements, with several enacting laws to limit their reach:
These state-level reforms reflect a growing trend toward protecting workers, particularly low- and middle-income earners, from restrictive agreements that could hinder their career growth.
At the federal level, the push to reform noncompete agreements has gained momentum. In January 2023, the Federal Trade Commission (FTC) proposed a sweeping rule to ban most noncompete agreements nationwide. The FTC’s proposal cites evidence that such agreements suppress wages, reduce innovation, and harm competition. If finalized, the rule would:
While the FTC’s proposed rule has been met with strong support from labor advocates and progressive policymakers, it faces significant opposition from business groups. Critics argue that a blanket ban could undermine legitimate business interests, such as protecting trade secrets and fostering investment in employee training. The final outcome remains uncertain, but the proposal signals a broader shift in the regulatory landscape.
The changing legal framework surrounding noncompete agreements has significant implications for both employers and employees. Employers must carefully review their use of restrictive covenants to ensure compliance with evolving state and federal laws. This may involve exploring alternative measures, such as nondisclosure agreements (NDAs) or nonsolicitation agreements, to protect legitimate business interests without overstepping legal boundaries.
For employees, these reforms represent a step toward greater freedom and bargaining power in the job market. Workers in states with stricter noncompete laws or under the potential FTC rule may find it easier to pursue new opportunities and negotiate better terms with current or prospective employers.
The evolving legal landscape of noncompete agreements reflects a broader societal shift toward prioritizing worker rights and economic mobility. As states continue to enact reforms and federal regulators push for sweeping changes, businesses and workers alike must stay informed and adapt to this dynamic area of law. Employers should seek legal counsel to navigate these changes, while employees should be aware of their rights to ensure they are not unfairly restricted by outdated or overly broad agreements. The future of noncompete agreements is undoubtedly one of greater balance and fairness, fostering a more dynamic and competitive economy.
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States across the U.S. are leading the charge in reshaping the rules surrounding noncompete agreements, with several enacting laws to limit their reach:
These state-level reforms reflect a growing trend toward protecting workers, particularly low- and middle-income earners, from restrictive agreements that could hinder their career growth.
At the federal level, the push to reform noncompete agreements has gained momentum. In January 2023, the Federal Trade Commission (FTC) proposed a sweeping rule to ban most noncompete agreements nationwide. The FTC’s proposal cites evidence that such agreements suppress wages, reduce innovation, and harm competition. If finalized, the rule would:
While the FTC’s proposed rule has been met with strong support from labor advocates and progressive policymakers, it faces significant opposition from business groups. Critics argue that a blanket ban could undermine legitimate business interests, such as protecting trade secrets and fostering investment in employee training. The final outcome remains uncertain, but the proposal signals a broader shift in the regulatory landscape.
The changing legal framework surrounding noncompete agreements has significant implications for both employers and employees. Employers must carefully review their use of restrictive covenants to ensure compliance with evolving state and federal laws. This may involve exploring alternative measures, such as nondisclosure agreements (NDAs) or nonsolicitation agreements, to protect legitimate business interests without overstepping legal boundaries.
For employees, these reforms represent a step toward greater freedom and bargaining power in the job market. Workers in states with stricter noncompete laws or under the potential FTC rule may find it easier to pursue new opportunities and negotiate better terms with current or prospective employers.
The evolving legal landscape of noncompete agreements reflects a broader societal shift toward prioritizing worker rights and economic mobility. As states continue to enact reforms and federal regulators push for sweeping changes, businesses and workers alike must stay informed and adapt to this dynamic area of law. Employers should seek legal counsel to navigate these changes, while employees should be aware of their rights to ensure they are not unfairly restricted by outdated or overly broad agreements. The future of noncompete agreements is undoubtedly one of greater balance and fairness, fostering a more dynamic and competitive economy.
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Employment contracts play a crucial role in defining the rights and obligations of both employers and employees. Understanding these documents can empower employees and help them navigate their workplace more effectively. Let’s explore how employment contracts influence employee rights.
An overview of what employment contracts are and their significance in professional relationships.
At their core, employment contracts are agreements between an employer and an employee that outline the terms of employment. These terms often include essential details such as work hours, salary, job duties, and the length of employment. By clearly defining expectations, these contracts help reduce misunderstandings and provide a framework for both parties.
Understanding this concept is vital for anyone stepping into a new job.
Not only do employment contracts help clarify expectations, but they also serve as a legal safeguard. By documenting the relationship between employee and employer, they provide a reference point in case of disputes. This protection reinforces the importance of having a contract in place, especially in a professional landscape where compliance and rights are pivotal.
A look at essential elements included in most employment contracts, such as job responsibilities, compensation, and benefits.
When examining the key components of employment contracts, several elements stand out. First and foremost is the job title and its corresponding responsibilities, which clarify what is expected from the employee. A well-written contract should also specify the compensation package, detailing not only the base salary but any bonuses, commission structures, and allowances.
Furthermore, many contracts include provisions related to benefits, such as health insurance, retirement plans, and vacation days. These components are critical in promoting employee welfare and satisfaction, reinforcing the idea that contracts are not just a formality but a crucial aspect of job security and clarity.
Moreover, it’s important to note elements like probation periods, confidentiality clauses, and non-compete agreements that may also be included. Each of these components plays a significant role in defining the working relationship and ensuring that both parties are protected.
How employment contracts explicitly outline workers’ rights, including termination procedures and workplace protections.
Employment contracts often detail essential worker rights, providing protection against unfair treatment and harassment. For instance, they may outline termination procedures, specifying the grounds for dismissal and the notice period required. This ensures employees know their rights if the relationship ends unexpectedly.
In addition to termination clauses, many contracts include protections regarding workplace behavior. This can encompass anti-discrimination policies and guidelines for reporting misconduct, creating a safer and more equitable work environment. Without these stipulations, it can be challenging for employees to seek recourse in the face of workplace issues.
Understanding these rights is critical, as it empowers employees to stand up for themselves and seek help when necessary. Contracts act as a blueprint that not only guides the employer but also protects the employee’s interests.
Tips on negotiating terms within an employment contract to better protect employee rights before signing.
Negotiation is a powerful tool that employees often overlook, yet it plays a vital role in the employment contract process. Before signing, it’s crucial to advocate for favorable terms that align with one’s values and needs. This includes discussing salary, benefits, and other essential elements.
When approaching negotiations, research is key. Understanding industry standards and average compensation for the role can significantly bolster your position. Additionally, being clear about your non-negotiables—like work-life balance or opportunities for advancement—can lead to a more satisfying contract.
Engaging in open communication with potential employers can also lead to win-win scenarios. It’s essential to frame these discussions positively, emphasizing a desire for collaboration rather than confrontation, ensuring a more amicable outcome.
Understanding what happens when an employment contract is violated, including potential legal implications.
Breaching an employment contract can have serious consequences for both employers and employees. For employees, violations might lead to termination or a loss of benefits. On the other hand, employers may face legal repercussions if they fail to uphold the contract’s terms.
Legal implications can range from financial penalties to lawsuits, underscoring the necessity for both parties to adhere to the agreed-upon terms. Employees should therefore familiarize themselves with the contract’s stipulations and seek legal advice if they believe their rights are being compromised.
Ultimately, awareness of these potential consequences underscores why understanding and respecting employment contracts is crucial for fostering a cooperative and respectful workplace.
In summary, employment contracts are vital in shaping employee rights and protection within the workplace. By understanding the key components of these contracts, employees can better advocate for themselves and ensure their rights are upheld. Always consult a legal expert if you have concerns regarding your employment contract.
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In today’s digital world, websites serve as vital tools for communication, business, education, and entertainment. However, not everyone experiences the web in the same way. For millions of individuals with disabilities, interacting with digital content can be challenging unless websites are designed with accessibility in mind. Ensuring that websites are accessible is more than just a technical consideration—it’s a step toward creating an inclusive and equitable digital environment.
Accessibility features are design elements and functionalities that enable individuals with disabilities to navigate, understand, and interact with digital content. These features include:
Building an accessible website requires thoughtful planning and implementation. Here are key steps to consider:
Accessibility is not just a technical feature; it’s a mindset and a commitment to inclusivity. By designing websites that are accessible to all, businesses and organizations demonstrate social responsibility, broaden their reach, and create better experiences for everyone. In the end, accessibilitybenefits us all, breaking down barriers and building a digital world where everyone has an equal opportunity to thrive.
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In today’s digital world, websites serve as vital tools for communication, business, education, and entertainment. However, not everyone experiences the web in the same way. For millions of individuals with disabilities, interacting with digital content can be challenging unless websites are designed with accessibility in mind. Ensuring that websites are accessible is more than just a technical consideration—it’s a step toward creating an inclusive and equitable digital environment.
Accessibility features are design elements and functionalities that enable individuals with disabilities to navigate, understand, and interact with digital content. These features include:
Building an accessible website requires thoughtful planning and implementation. Here are key steps to consider:
Accessibility is not just a technical feature; it’s a mindset and a commitment to inclusivity. By designing websites that are accessible to all, businesses and organizations demonstrate social responsibility, broaden their reach, and create better experiences for everyone. In the end, accessibility benefits us all, breaking down barriers and building a digital world where everyone has an equal opportunity to thrive.
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Captive audience meetings are a tactic used by employers during unionization efforts to communicate directly with employees about the risks and disadvantages of union representation. These mandatory meetings are often held during work hours and attendance is typically required. Employers use these meetings to discourage union support, arguing that unions may not deliver promised benefits or that unionization could disrupt operations.
The term “captive audience” reflects the fact that employees must listen to the employer’s messaging, often without an opportunity to counter or leave without fear of retaliation. While these meetings have long been a tool in employers’ arsenals, they have sparked significant controversy over their potential to exert undue influence on workers’ decision-making.
Historically, employers have relied on captive audience meetings to dissuade union activity. They present information emphasizing the costs of union dues, potential strikes, or adverse changes in labor conditions. Employers argue these sessions are essential for providing accurate information about unions, but labor advocates contend they are inherently coercive and unfairly sway workers against organizing.
Captive audience meetings can include veiled threats about job security or economic viability, which labor groups argue violate employees’ rights under the National Labor Relations Act (NLRA).
On November 13, 2024, the National Labor Relations Board (NLRB) issued a ruling in Amazon.com Services LLC and Dana Joann Miller and Amazon Labor Union, addressing Amazon’s use of captive audience meetings. In this case, workers at Amazon’s Staten Island facility alleged that the company engaged in unlawful coercive practices, including the use of captive audience meetings, to deter union organizing efforts.
The NLRB ruled that Amazon’s actions violated the NLRA, emphasizing that such meetings, when combined with surveillance and discriminatory enforcement of policies, undermined employees’ rights to organize. This decision marks a significant step in curbing the unchecked use of captive audience meetings, signaling a shift toward protecting workers’ freedom to make union decisions without employer intimidation.
This ruling has broad implications for labor relations in the U.S. Employers may face heightened scrutiny regarding how they communicate with employees during union drives. The decision could lead to stricter guidelines or even bans on mandatory captive audience meetings in the future.
For workers, the ruling reinforces protections under the NLRA, aiming to ensure that their choices regarding union representation are free from undue pressure or coercion. Labor unions may feel emboldened to challenge employer practices more aggressively, especially in cases involving similar tactics.
The NLRB’s decision in the Amazon case is a landmark moment in labor law, setting a precedent for how employer conduct during unionization efforts is evaluated. It underscores the Board’s renewed focus on defending workers’ rights against practices that exploit power imbalances in the workplace.
As this decision reverberates across industries, it serves as a reminder of the importance of maintaining fair and transparent processes in labor relations. Both employers and employees must stay informed about their rights and responsibilities to navigate this evolving legal landscape effectively.
]]>Captive audience meetings are a tactic used by employers during unionization efforts to communicate directly with employees about the risks and disadvantages of union representation. These mandatory meetings are often held during work hours and attendance is typically required. Employers use these meetings to discourage union support, arguing that unions may not deliver promised benefits or that unionization could disrupt operations.
The term “captive audience” reflects the fact that employees must listen to the employer’s messaging, often without an opportunity to counter or leave without fear of retaliation. While these meetings have long been a tool in employers’ arsenals, they have sparked significant controversy over their potential to exert undue influence on workers’ decision-making.
Historically, employers have relied on captive audience meetings to dissuade union activity. They present information emphasizing the costs of union dues, potential strikes, or adverse changes in labor conditions. Employers argue these sessions are essential for providing accurate information about unions, but labor advocates contend they are inherently coercive and unfairly sway workers against organizing.
Captive audience meetings can include veiled threats about job security or economic viability, which labor groups argue violate employees’ rights under the National Labor Relations Act (NLRA).
On November 13, 2024, the National Labor Relations Board (NLRB) issued a ruling in Amazon.com Services LLC and Dana Joann Miller and Amazon Labor Union, addressing Amazon’s use of captive audience meetings. In this case, workers at Amazon’s Staten Island facility alleged that the company engaged in unlawful coercive practices, including the use of captive audience meetings, to deter union organizing efforts.
The NLRB ruled that Amazon’s actions violated the NLRA, emphasizing that such meetings, when combined with surveillance and discriminatory enforcement of policies, undermined employees’ rights to organize. This decision marks a significant step in curbing the unchecked use of captive audience meetings, signaling a shift toward protecting workers’ freedom to make union decisions without employer intimidation.
This ruling has broad implications for labor relations in the U.S. Employers may face heightened scrutiny regarding how they communicate with employees during union drives. The decision could lead to stricter guidelines or even bans on mandatory captive audience meetings in the future.
For workers, the ruling reinforces protections under the NLRA, aiming to ensure that their choices regarding union representation are free from undue pressure or coercion. Labor unions may feel emboldened to challenge employer practices more aggressively, especially in cases involving similar tactics.
The NLRB’s decision in the Amazon case is a landmark moment in labor law, setting a precedent for how employer conduct during unionization efforts is evaluated. It underscores the Board’s renewed focus on defending workers’ rights against practices that exploit power imbalances in the workplace.
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]]>In the past few years, more than twenty states have enacted legislation regarding employer’s access to employee’s and applicant’s usernames and passwords.The laws vary from state to state, and do not provide the same level of protection in each state. Other states are considering legislation; you can track these bills by visiting the National Conference of State Legislature’s website. Read below for more information on this rapidly growing area of the law.
In Arkansas the law prohibits an employer from requiring, suggesting, or requesting an employee to disclose his or her username and password to the employer. The employer is also prohibited from taking action to discharge the employee for exercising this right of refusal.
In California the law prohibits employers from requiring or requesting an employee or applicant’s username or password for the purpose of accessing personal social media.
An employer in Colorado may not suggest, request, or require that an employee or applicant disclose their username, or password for the purpose of accessing personal social media accounts. An employer cannot compel an employee to add anyone, including the employer or an agent, to their social media account.
In Connecticut no employer shall request or require that an employee disclose their username and password for their social media accounts, for the purpose of accessing a personal online account. The employer is also prohibited from requiring that an employee add the employer on their private account.
No employer in Delaware shall require or request an employee to disclose their username or password for the purpose of enabling the employer to access personal social media. The employer is also prohibited from requesting the employee to add them to their social media accounts.
It is unlawful in Illinois for an employer to request the username or password of a social media account in order to gain access to the employee’s personal online account. The employer is also prohibited from requiring the employee to invite the employer to join their social media account.
In Louisiana employers are prohibited from requesting or requiring an employee to disclose their username or password that allows access to the employee’s personal online account.
Maryland law prohibits employers from requesting or requiring an employee or applicant to disclose any username or password to access their social media accounts.
An employer in Michigan shall not request an employee to disclose information that allows access to the employee’s personal online account.
An employer in Montana may not require or request an employee to disclose a username or password for the purpose of allowing the employer to gain access to the employee’s personal social media account.
No Nebraska employer shall require or request that an employee provide or disclose any username or password in order to gain access to the employee’s personal social media account.
In Nevada no employer shall require or request an employee to disclose their username or password or any other information that provides access to his or her personal social media account.
No employer in New Hampshire shall request or require than an employee or applicant disclose login information for accessing any personal account or service.
In New Jersey no employer shall require or request an employee to provide their username or password to provide the employer access to their social media accounts.
It is unlawful in New Mexico for an employer to request or require a prospective employee to disclose their login information to the employer for the purpose of gaining access to the prospective employee’s account. The law is silent on current employees.
In Oklahoma no employer shall require or request an employee or prospective employee to disclose a username or password for accessing a personal social media account. This includes a prohibition on requiring the employee to add the employer to their social media accounts for the purpose of allowing the employer to observe the contents of such accounts.
It is unlawful in Oregon for an employer to require or request an employee or applicant to disclose the username or password of an online social media account. The employer is also prohibited from requiring an employee to authorize the employer to advertise on the personal social media account of the employee.
In Rhode Island no employer shall require an employee to disclose their username or password for means of accessing a personal social media account.
An employer in Tennessee shall not request or require an employee or an applicant to disclose a password that allows access to the employee’s personal social media account.
in Utah an employer is prohibited from requesting an employee to disclose a username or password that allows access to the employee’s personal social media account.
An employer in Vermont shall not require an employee to disclose their username or password for the purpose of accessing the employee’s social media account.
In Virginia an employer shall not require an employee to disclose their username or password for the purpose of accessing the employee’s social media account.
An employer in Washington state may not request or require an employee to disclose login information to the employee’s personal social media account.
In West Virginia an employer shall not request or require an employee or applicant to disclose a username or password that allows access to the employee’s personal social media account.
An employer in Wisconsin may not require or request an employee or applicant to disclose access information for the personal social media account of the employee.
Paid leave refers to the time employees can take off from work for personal, family, or health-related reasons without sacrificing their wages. It can include vacation days, sick leave, parental leave, and bereavement leave. In many workplaces, it also covers jury duty or military leave.
While the Family and Medical Leave Act (FMLA) guarantees unpaid leave for certain qualified reasons, it does not ensure income during this time. This gap leaves many employees facing financial strain when they need to step away from work. Paid leave bridges this gap, providing financial security when employees need it most.
Offering paid leave isn’t just good for employees—it’s smart business. Here’s why:
Paid leave is increasingly recognized as essential, with many states implementing policies that go beyond federal requirements. For example, states like California, New York, and Massachusetts have introduced comprehensive paid family leave programs. Additionally, many private employers are stepping up to fill the gap, recognizing the long-term benefits of investing in their employees.
As the workforce evolves, paid leave will continue to be a pivotal factor in shaping employee satisfaction and organizational success. Employers who prioritize this benefit position themselves as leaders in creating workplaces that value humanity alongside productivity.
Paid leave is not just an investment in employees; it’s an investment in the future of work. By fostering healthier, happier employees, companies can build stronger teams and create a culture where everyone has the opportunity to thrive. In the end, supporting paid leave is about recognizing the value of people—both in and outside the workplace.
]]>In today’s fast-paced world, the ability to balance personal responsibilities with professional obligations is more important than ever. Paid leave is not just a perk; it is a cornerstone of a supportive and equitable workplace. By offering employees the opportunity to take time off while still earning their income, employers demonstrate a commitment to well-being and build a stronger, more resilient workforce.
Paid leave refers to the time employees can take off from work for personal, family, or health-related reasons without sacrificing their wages. It can include vacation days, sick leave, parental leave, and bereavement leave. In many workplaces, it also covers jury duty or military leave.
While the Family and Medical Leave Act (FMLA) guarantees unpaid leave for certain qualified reasons, it does not ensure income during this time. This gap leaves many employees facing financial strain when they need to step away from work. Paid leave bridges this gap, providing financial security when employees need it most.
Offering paid leave isn’t just good for employees—it’s smart business. Here’s why:
Paid leave is increasingly recognized as essential, with many states implementing policies that go beyond federal requirements. For example, states like California, New York, and Massachusetts have introduced comprehensive paid family leave programs. Additionally, many private employers are stepping up to fill the gap, recognizing the long-term benefits of investing in their employees.
As the workforce evolves, paid leave will continue to be a pivotal factor in shaping employee satisfaction and organizational success. Employers who prioritize this benefit position themselves as leaders in creating workplaces that value humanity alongside productivity.
Paid leave is not just an investment in employees; it’s an investment in the future of work. By fostering healthier, happier employees, companies can build stronger teams and create a culture where everyone has the opportunity to thrive. In the end, supporting paid leave is about recognizing the value of people—both in and outside the workplace.
]]>Balancing a job with the responsibilities of family caregiving is a challenge faced by millions of Americans. As the population ages and healthcare needs grow, many employees find themselves juggling their work responsibilities while caring for aging parents, disabled family members, or young children. Fortunately, there are employment laws in place designed to protect the rights of family caregivers. Here’s an overview of the most important laws that every caregiver should know.
One of the most well-known laws protecting caregivers is the Family and Medical Leave Act (FMLA). Under the FMLA, eligible employees are entitled to take up to 12 weeks of unpaid, job-protected leave per year to care for a spouse, child, or parent with a serious health condition.
To qualify for FMLA leave, an employee must work for a company with at least 50 employees within a 75-mile radius, have worked for the employer for at least 12 months, and have logged at least 1,250 hours in that year. FMLA allows caregivers to care for loved ones without the fear of losing their job. However, it’s important to note that while the leave is job-protected, it is unpaid, which can present financial challenges for some caregivers.
While the Americans with Disabilities Act (ADA) primarily protects employees with disabilities, it also has provisions for caregivers. Under the ADA, employers cannot discriminate against employees based on their association with a disabled person. This means, for example, that an employee can’t be treated unfairly or denied a promotion because their employer perceives their caregiving responsibilities as a liability.
The ADA’s protections against “associational discrimination” ensure that caregivers aren’t penalized for their family responsibilities. While the ADA doesn’t grant specific leave rights, it does provide essential protections that help prevent bias in the workplace.
In addition to federal laws like the FMLA, many states have enacted their own family leave laws, some of which provide broader protections or paid leave options. For example, states like California, New York, and New Jersey have family leave programs that offer partial wage replacement during family leave, which can significantly alleviate the financial burden for caregivers. State laws may also have different eligibility requirements, so it’s crucial to understand the specific provisions in your state.
A growing number of states and cities require employers to provide paid sick leave, which can be used not only for personal illness but also to care for a sick family member. While paid sick leave policies vary by location, these laws give caregivers a flexible way to take time off when a family member is in need without the risk of losing wages. Paid sick leave laws vary widely, so it’s worth checking what’s available in your area.
The Equal Employment Opportunity Commission (EEOC) enforces federal laws that prevent discrimination against caregivers. The EEOC guidelines clarify that caregivers cannot be treated less favorably due to their caregiving responsibilities. For example, an employer cannot refuse to hire or promote someone because they assume their caregiving role will interfere with their job performance.
While not a separate law, the EEOC guidelines offer crucial protections by enforcing anti-discrimination laws in a way that recognizes the challenges faced by caregivers in the workplace. Caregivers should document instances of discrimination and report any concerns to the EEOC.
While not yet mandated by federal law, many employers are increasingly offering flexible work arrangements such as remote work, flextime, or compressed work weeks, which can be invaluable for employees with caregiving responsibilities. The pandemic accelerated the adoption of these arrangements, and many companies are recognizing the value in providing flexibility to retain skilled employees.
If an employer does not offer formal flexible work policies, caregivers may consider proposing a tailored arrangement that meets both their needs and those of the company. Some states, like Vermont, have laws requiring employers to consider requests for flexible schedules.
As the workforce evolves and more people take on caregiving responsibilities, there’s a growing push for expanded protections and benefits for caregivers. Some proposed federal laws, such as paid family leave programs, aim to provide greater support to working caregivers. Advocating for these changes at a local and national level can help create a more supportive environment for all caregivers.
Balancing work and caregiving can be challenging, but understanding the legal protections available can make it a little easier. From federal laws like the FMLA and ADA to state-specific family leave and sick leave policies, caregivers have a range of protections designed to help them manage their dual roles. By staying informed, documenting interactions, and communicating openly with employers, caregivers can better protect their rights and continue to provide essential care to their loved ones without sacrificing their careers.
]]>One of the most well-known laws protecting caregivers is the Family and Medical Leave Act (FMLA). Under the FMLA, eligible employees are entitled to take up to 12 weeks of unpaid, job-protected leave per year to care for a spouse, child, or parent with a serious health condition.
To qualify for FMLA leave, an employee must work for a company with at least 50 employees within a 75-mile radius, have worked for the employer for at least 12 months, and have logged at least 1,250 hours in that year. FMLA allows caregivers to care for loved ones without the fear of losing their job. However, it’s important to note that while the leave is job-protected, it is unpaid, which can present financial challenges for some caregivers.
While the Americans with Disabilities Act (ADA) primarily protects employees with disabilities, it also has provisions for caregivers. Under the ADA, employers cannot discriminate against employees based on their association with a disabled person. This means, for example, that an employee can’t be treated unfairly or denied a promotion because their employer perceives their caregiving responsibilities as a liability.
The ADA’s protections against “associational discrimination” ensure that caregivers aren’t penalized for their family responsibilities. While the ADA doesn’t grant specific leave rights, it does provide essential protections that help prevent bias in the workplace.
In addition to federal laws like the FMLA, many states have enacted their own family leave laws, some of which provide broader protections or paid leave options. For example, states like California, New York, and New Jersey have family leave programs that offer partial wage replacement during family leave, which can significantly alleviate the financial burden for caregivers. State laws may also have different eligibility requirements, so it’s crucial to understand the specific provisions in your state.
A growing number of states and cities require employers to provide paid sick leave, which can be used not only for personal illness but also to care for a sick family member. While paid sick leave policies vary by location, these laws give caregivers a flexible way to take time off when a family member is in need without the risk of losing wages. Paid sick leave laws vary widely, so it’s worth checking what’s available in your area.
The Equal Employment Opportunity Commission (EEOC) enforces federal laws that prevent discrimination against caregivers. The EEOC guidelines clarify that caregivers cannot be treated less favorably due to their caregiving responsibilities. For example, an employer cannot refuse to hire or promote someone because they assume their caregiving role will interfere with their job performance.
While not a separate law, the EEOC guidelines offer crucial protections by enforcing anti-discrimination laws in a way that recognizes the challenges faced by caregivers in the workplace. Caregivers should document instances of discrimination and report any concerns to the EEOC.
While not yet mandated by federal law, many employers are increasingly offering flexible work arrangements such as remote work, flextime, or compressed work weeks, which can be invaluable for employees with caregiving responsibilities. The pandemic accelerated the adoption of these arrangements, and many companies are recognizing the value in providing flexibility to retain skilled employees.
If an employer does not offer formal flexible work policies, caregivers may consider proposing a tailored arrangement that meets both their needs and those of the company. Some states, like Vermont, have laws requiring employers to consider requests for flexible schedules.
As the workforce evolves and more people take on caregiving responsibilities, there’s a growing push for expanded protections and benefits for caregivers. Some proposed federal laws, such as paid family leave programs, aim to provide greater support to working caregivers. Advocating for these changes at a local and national level can help create a more supportive environment for all caregivers.
Balancing work and caregiving can be challenging, but understanding the legal protections available can make it a little easier. From federal laws like the FMLA and ADA to state-specific family leave and sick leave policies, caregivers have a range of protections designed to help them manage their dual roles. By staying informed, documenting interactions, and communicating openly with employers, caregivers can better protect their rights and continue to provide essential care to their loved ones without sacrificing their careers.
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Before delving into when you should seek advice from an employment counsel, it’s important to understand the pivotal role that these professionals play in the realm of employment law. Employment counsels are legal experts specialized in matters related to the workplace, ranging from contract negotiations to discrimination issues. They provide guidance and representation to both employers and employees, ensuring that all parties are well-informed about their rights and obligations under the law.
Employment counsels are well-versed in the ever-evolving landscape of employment regulations, making them invaluable resources for navigating the complexities of labor laws. Whether you are an employer looking to establish fair employment practices or an employee facing workplace challenges, consulting with an employment counsel can provide you with the clarity and direction needed to address your specific situation effectively.
Moreover, employment counsels often work proactively to prevent legal issues before they escalate, offering risk assessment and compliance strategies to mitigate potential disputes. By seeking advice from an employment counsel early on, individuals and businesses can avoid costly legal entanglements and safeguard their interests in the dynamic arena of employment relations.
Recognizing the signs that indicate the necessity of consulting an employment counsel is crucial for addressing workplace issues promptly and effectively. One clear indication is when you encounter persistent conflicts with your employer or employees that cannot be resolved internally. In such cases, seeking the expertise of an employment counsel can provide insights on how to navigate the conflict within a legal framework.
Another sign that it’s time to consult an employment counsel is when you believe your rights as an employee have been violated, such as experiencing discrimination or harassment in the workplace. An employment counsel can assess the situation, educate you on your legal rights, and advocate on your behalf to seek appropriate remedies for the injustice you have faced.
Additionally, if you are an employer facing allegations of unfair labor practices or non-compliance with employment laws, seeking counsel from an experienced employment attorney is advisable. They can help you understand the legal implications of the accusations, guide you through the investigative process, and formulate a strategic defense to protect your business’s reputation and legal standing.
In essence, recognizing these signs and taking proactive steps to consult an employment counsel when needed can empower both employees and employers to address workplace challenges with clarity, confidence, and legal expertise.
Workplace disputes can arise unexpectedly, creating tensions and affecting productivity in an organization. When faced with such conflicts, seeking legal guidance from an employment counsel can be instrumental in resolving the issues efficiently and fairly. These legal professionals can assess the nature of the dispute, review relevant policies and contracts, and offer strategic advice on how to proceed in accordance with the law.
Moreover, navigating workplace disputes with legal guidance ensures that all parties involved are aware of their rights and obligations, fostering a more transparent and constructive resolution process. By having an employment counsel advocate for your interests and mediate discussions with the opposing party, you can work towards a mutually satisfactory outcome while safeguarding your legal rights.
In complex cases where workplace disputes escalate to legal proceedings, having an experienced employment counsel on your side is invaluable. They can represent you in negotiations, hearings, or court proceedings, utilizing their expertise to present your case effectively and protect your interests throughout the legal process.
Embracing proactive legal support in employment matters can yield numerous benefits for both employers and employees alike. By consulting with an employment counsel before issues arise, individuals and businesses can establish robust policies and practices that comply with current employment laws, reducing the risk of legal disputes in the future.
Furthermore, proactive legal support enables organizations to stay ahead of regulatory changes and industry trends, ensuring their practices remain aligned with legal requirements. This foresight not only minimizes legal exposure but also enhances the overall workplace environment by promoting fairness, equality, and adherence to best practices in employment relations.
For employees, proactively seeking advice from an employment counsel regarding employment contracts, workplace policies, or potential violations of labor laws empowers them to assert their rights confidently and seek redress for any injustices they may face. By being proactive in seeking legal support, employees can prevent exploitation, discrimination, or retaliation in the workplace, fostering a culture of accountability and respect.
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Negotiating better employment conditions is crucial for maintaining job satisfaction and advancing your career. By understanding your worth in the workplace, effectively communicating your needs, and navigating the realm of benefits and perks, you can overcome challenges and objections to secure favorable terms. This guide offers practical advice to help you strengthen your negotiating position and achieve the employment conditions you deserve.
Recognizing your value in the workplace is the foundation of successful negotiation. Take stock of your skills, experience, and contributions to your organization. Reflect on how your expertise positively impacts the company’s objectives and bottom line. By understanding your unique strengths and accomplishments, you can confidently articulate why you deserve better employment conditions.
Moreover, research industry standards and salary benchmarks to gain insight into what professionals in similar roles are earning. This data can strengthen your position during negotiations and provide a factual basis for your compensation requests. Remember, your worth goes beyond monetary compensation; consider the value you bring to the team and the organization as a whole.
When preparing to negotiate, create a list of your achievements, skills, and any additional responsibilities you have taken on. Be ready to highlight how your contributions have positively impacted projects, teams, or company goals. Building a solid case for your worth will bolster your confidence and credibility during discussions about improving your employment conditions.
Lastly, don’t underestimate the importance of self-worth in negotiations. Believing in your value and capabilities will project confidence and resilience, essential qualities that can influence the outcome of your discussions. Embrace your worth and let it shine through as you advocate for better employment terms.
Effective communication is key to successful negotiations. Clearly articulating your needs, objectives, and expectations is essential to ensure that your message is understood and taken seriously. Start by setting clear goals for the negotiation process, outlining what employment conditions are most important to you and why.
During negotiations, maintain open and transparent communication with your employer or HR representative. Listen actively to their perspective and seek to understand their constraints and priorities. Framing your requests in a positive and collaborative manner can foster a constructive dialogue and increase the likelihood of finding mutually beneficial solutions.
Non-verbal communication also plays a significant role in negotiations. Pay attention to your body language, tone of voice, and overall demeanor to convey confidence and professionalism. Maintaining eye contact, using assertive but respectful language, and practicing active listening can enhance your communication effectiveness and establish a rapport with the other party.
Moreover, be prepared to negotiate and be flexible in finding compromises. Prioritize your key requirements while remaining open to alternative solutions that align with your overall objectives. By approaching negotiations with a collaborative and solution-oriented mindset, you can navigate potential conflicts and reach agreements that support your professional growth and well-being.
In addition to salary, benefits and perks can significantly impact your overall employment satisfaction. When negotiating, consider the full spectrum of benefits offered by your employer, such as healthcare coverage, retirement plans, paid time off, and professional development opportunities.
Prioritize the benefits that are most relevant to your needs and long-term career goals. For example, if work-life balance is important to you, emphasize flexible scheduling or remote work options. If you seek opportunities for growth and skill enhancement, negotiate for access to training programs or mentorship opportunities.
Research the market standard for employee benefits in your industry to benchmark your expectations and ensure that your requests are reasonable. Additionally, be prepared to discuss the value that these benefits bring to your work performance and overall job satisfaction. By demonstrating how specific perks can enhance your productivity and well-being, you can make a compelling case for incorporating them into your employment package.
Remember to consider the long-term implications of benefits and perks on your professional development and quality of life. Evaluate how various offerings align with your values, aspirations, and personal priorities. Ultimately, negotiating for comprehensive benefits and perks can lead to a more fulfilling and rewarding work experience.
Negotiations can present challenges and objections that may require tact and resilience to overcome. Anticipate potential pushback from the other party and prepare responses to common objections. Addressing concerns proactively and offering viable solutions can demonstrate your preparedness and commitment to finding mutually agreeable terms.
Maintain a positive and professional demeanor throughout negotiations, even in the face of obstacles or disagreements. Embrace a problem-solving mindset and focus on collaborating towards solutions that benefit both parties. Avoid engaging in confrontational or adversarial behavior, as this may hinder progress and damage the working relationship.
When encountering objections, take the opportunity to listen actively and clarify any misunderstandings. Seek to understand the underlying reasons for resistance and address them thoughtfully and constructively. By approaching objections with empathy and flexibility, you can foster a more productive and constructive negotiation process.
Remember that overcoming challenges in negotiations is not solely about winning concessions; it’s about building trust, fostering respect, and cultivating a positive rapport with your employer. By navigating objections with patience and professionalism, you can strengthen your position and set the stage for future collaboration and mutual success.
Remember, negotiating better employment conditions is not just about compensation; it’s also about ensuring a work environment that supports your growth and well-being. By approaching negotiations strategically, communicating effectively, and advocating for yourself, you can improve your work situation significantly. Embrace the opportunity to enhance your employment conditions and move closer to a rewarding and fulfilling professional life.
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In today’s rapidly evolving work landscape, the concept of employment equality stands as a beacon of progress and inclusivity. As organizations worldwide strive to create diverse and fair workplaces, understanding the importance of equality in employment has become paramount. From gender parity to fair wages, the future of work hinges on the principles of equal opportunities for all. Let’s delve deeper into why employment equality is more crucial now than ever before.
The shift towards employment equality reflects a global awakening to the significance of creating workplaces that celebrate diversity and empower all individuals. With discussions around gender equality, minority representation, and inclusive hiring practices gaining momentum, organizations are recognizing that fostering a culture of equality is not just a moral imperative but a strategic advantage.
Employment equality encompasses a broad spectrum of initiatives, from addressing pay gaps to promoting equal opportunities for professional growth. By dismantling systemic barriers and biases, companies can unlock the full potential of their workforce, driving innovation and productivity to new heights. As we witness a paradigm shift in how businesses approach diversity and inclusion, the importance of employment equality is becoming increasingly evident.
Moreover, the societal landscape is evolving, demanding workplaces that reflect the richness and variety of human experiences. By embracing employment equality, organizations signal their commitment to building environments where every individual feels valued, respected, and empowered to contribute meaningfully. This transformation is not just about compliance; it’s about creating a work culture that thrives on equality and inclusivity.
In today’s interconnected world, where talent knows no boundaries, fostering a culture of employment equality is key to attracting and retaining top talent. Companies that prioritize equality and diversity not only enhance their reputation but also drive better business outcomes. From improved employee engagement to enhanced creativity and problem-solving, the benefits of employment equality extend far beyond the workplace.
Despite the growing awareness and advocacy surrounding employment equality, numerous challenges persist in achieving true parity in the workforce. Deep-rooted biases, discriminatory practices, and unequal access to opportunities continue to hinder the progress towards a more equitable work environment.
One of the key challenges lies in addressing the intersectional nature of inequality, where individuals face multiple forms of discrimination based on factors such as race, gender, age, and socio-economic background. Overcoming these intersecting barriers requires a holistic approach that considers the unique challenges faced by different marginalized groups.
Furthermore, the lack of accountability and transparency in hiring and promotion practices can perpetuate inequality within organizations. Without clear metrics, reporting mechanisms, and a commitment to diversity metrics, companies may struggle to measure their progress towards employment equality effectively.
Another significant hurdle is the resistance to change, as some traditional mindsets and practices may perpetuate inequality unconsciously. Overcoming resistance to diversity and inclusivity requires a cultural shift that starts from leadership and permeates throughout all levels of an organization. By fostering a culture that values diversity and champions equality, companies can overcome these challenges and create a more inclusive workplace.
Moreover, the evolving nature of work, driven by technological advancements and shifting demographics, poses new challenges for employment equality. As remote work, gig economy platforms, and automation reshape the labor market, ensuring equal opportunities and fair treatment for all workers becomes increasingly complex. Navigating these complexities requires proactive policies and adaptive strategies that prioritize fairness and inclusivity.
Technology plays a dual role in shaping the future of work when it comes to employment equality. On one hand, digital innovations have the potential to democratize access to job opportunities, connect diverse talent pools, and remove geographical barriers to employment. Virtual recruitment platforms, AI-driven hiring tools, and remote work solutions offer new avenues for individuals to find meaningful work regardless of their background or location.
Conversely, technology also poses challenges to employment equality, such as algorithmic bias in recruitment, concerns about data privacy and surveillance in remote work settings, and the digital divide that limits access to online opportunities for marginalized communities. As organizations navigate the digital transformation of the workplace, it’s essential to address these tech-related challenges proactively and ensure that innovation promotes equality rather than exacerbating existing disparities.
Moreover, technology can be a powerful tool for promoting diversity and inclusion within organizations. Data analytics, AI-driven insights, and digital platforms can help companies track and measure their progress towards employment equality, identify areas for improvement, and create targeted initiatives to foster a more inclusive workplace culture. By leveraging technology strategically, businesses can drive positive change and build a workforce that reflects the diversity of the world we live in.
Creating sustainable employment equality requires a multi-faceted approach that encompasses policy interventions, cultural transformation, and organizational commitment to diversity and inclusion. By enacting comprehensive anti-discrimination laws, promoting pay transparency, and implementing affirmative action programs, governments and businesses can address structural inequalities and promote a level playing field for all individuals.
In addition to legal frameworks, fostering a culture of equality within organizations is crucial for long-term sustainability. This involves promoting diversity awareness, offering diversity training programs, establishing employee resource groups, and fostering inclusive leadership practices. By embedding equality and inclusion into the DNA of an organization, companies can create a supportive and empowering work environment for all employees.
Furthermore, collaboration between governments, businesses, and civil society is essential for driving systemic change towards employment equality. Public-private partnerships, industry alliances, and collective advocacy efforts can amplify the impact of individual initiatives and create a more cohesive approach to advancing equality in the workplace. By working together towards a common goal, stakeholders can leverage their respective strengths and resources to create a more inclusive and equitable future of work.
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Several federal laws safeguard voting rights for all Americans. Here are some key milestones:
While federal laws set the foundation for voting rights, states have the authority to manage certain aspects of elections, resulting in a patchwork of voting regulations. Here are some examples of how voting laws differ across states:
Federal protections for voting rights are essential to ensuring that every eligible citizen can participate in elections. However, the significant variation among state laws means that many voters experience different levels of accessibility and security depending on where they live. This patchwork system creates an ongoing need for advocacy, reform, and voter education.
At the heart of any democracy lies the right to vote. The journey to secure voting rights for all has been long and is still evolving. As laws change and new challenges emerge, staying informed and actively participating in local and national elections is one of the most powerful ways citizens can protect and exercise their rights. Visit workplacefairness.org for more information.
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]]>One of the most significant shifts in the DEI conversation is a growing focus on intersectionality. No longer is diversity viewed solely through the lenses of race, gender, or sexual orientation. Instead, workplaces are embracing the complex ways different identities intersect—such as race, gender, socioeconomic background, disability, and more. Employers now recognize that policies must account for the unique challenges and opportunities that arise from these intersections.
Why It Matters: Understanding intersectionality allows companies to better support all employees, particularly those who belong to multiple marginalized groups. This approach fosters a more inclusive environment and ensures that DEI initiatives are effective across the board.
Inclusive leadership has become a key focus area for companies seeking to integrate DEI into their core operations. This approach emphasizes empathy, active listening, and collaboration, empowering leaders to build diverse teams and create a culture of belonging. More organizations are offering training and development programs to help leaders understand unconscious bias, manage diverse teams, and promote equitable opportunities.
Why It Matters: Leaders set the tone for organizational culture. When leaders are equipped to champion DEI, it encourages employees to feel valued and supported, which boosts engagement, retention, and performance.
Pay equity has always been part of the DEI conversation, but it’s gaining new urgency. In 2023, more companies are committing to transparent pay practices, closing gender and racial wage gaps, and promoting equity in compensation structures. Some organizations are even publishing salary ranges and conducting pay audits to ensure fairness.
Why It Matters: Transparent pay policies build trust between employers and employees, reduce turnover, and enhance a company’s reputation. Addressing pay disparities head-on is a concrete step toward achieving workplace equity.
Mental health and DEI are increasingly intertwined as businesses acknowledge the unique mental health challenges faced by marginalized groups. Workplace wellness programs are evolving to include mental health resources tailored to the needs of diverse employees. This includes creating safe spaces for conversations about mental health, offering culturally competent support, and addressing the stigma around mental health issues in certain communities.
Why It Matters: Employees who feel supported in their mental well-being are more likely to thrive in their roles. Prioritizing mental health as part of DEI ensures that everyone has access to the resources they need to succeed, fostering a more inclusive and healthy workplace.
The rise of remote and hybrid work has also brought new opportunities and challenges for DEI. On the one hand, remote work offers flexibility, making it easier for people with disabilities or caregiving responsibilities to participate in the workforce. On the other hand, companies must be intentional about maintaining inclusion and equity in a virtual environment. This includes ensuring that remote workers have access to the same opportunities for career development, promotions, and networking as their in-office counterparts.
Why It Matters: Remote work can be a powerful tool for increasing diversity, but without proper oversight, it can also exacerbate existing inequities. Organizations must be proactive in ensuring that their remote work policies support DEI goals.
Data is becoming a critical tool for holding organizations accountable for their DEI efforts. Businesses are increasingly using data analytics to track progress on diversity metrics, measure the impact of DEI initiatives, and identify areas for improvement. This data-driven approach ensures that companies are not just talking about DEI but are making measurable changes.
Why It Matters: Transparent reporting on DEI metrics fosters trust and accountability. It also helps businesses make informed decisions about where to allocate resources and how to improve their inclusion efforts over time.
Supplier diversity is gaining traction as companies seek to support underrepresented businesses in their supply chains. This involves prioritizing partnerships with businesses owned by women, minorities, veterans, and other historically underrepresented groups. By diversifying their supply chains, companies not only promote economic equity but also enhance their resilience and innovation.
Why It Matters: Supporting diverse suppliers helps companies reflect the communities they serve while driving economic growth in marginalized populations. It also enhances corporate social responsibility and strengthens relationships with a broader range of stakeholders.
The future of work is increasingly shaped by a deeper commitment to Diversity, Equity, and Inclusion. As businesses recognize the importance of fostering inclusive environments, they are adopting new strategies that address intersectionality, leadership, mental health, and accountability. By staying ahead of these trends, companies can create workplaces where everyone has the opportunity to thrive, ultimately driving innovation and success in an ever-changing world.
DEI is no longer just a “nice-to-have”—it’s a business imperative. As organizations continue to refine their DEI practices, the benefits will be felt not only by employees but also by customers, clients, and communities around the globe.
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]]>The Pregnant Workers Fairness Act (PWFA), enacted in 2023, marks a significant milestone for women’s rights in the workplace. This federal law expands protections for workers affected by pregnancy, childbirth, and related medical conditions, ensuring they receive the accommodations needed to work safely and comfortably. Here, we’ll explore the rights provided by the PWFA and how it empowers pregnant workers across the country.
The PWFA is a federal law that mandates employers provide “reasonable accommodations” to pregnant workers and those affected by childbirth or related medical conditions. Under this law, employers must work with employees to identify and implement adjustments that will help them perform their jobs while also protecting their health and well-being. The accommodations can vary widely, from adjusting work schedules to allowing temporary reassignment of tasks that might pose physical challenges.
The PWFA builds upon previous laws, like the Pregnancy Discrimination Act of 1978 and the Americans with Disabilities Act, by specifically requiring that accommodations be made for pregnant workers. These accommodations are required unless they would impose an “undue hardship” on the employer’s operations. Here are some of the protections offered:
The PWFA is a groundbreaking step toward ensuring women’s rights in the workplace, as it addresses a significant gap in previous federal protections. Women no longer have to choose between their jobs and their health, as this law provides the right to both. By accommodating pregnant workers, the PWFA promotes a healthier work environment and demonstrates that pregnant workers are valued and respected members of the workforce.
If you’re pregnant or dealing with a childbirth-related condition, knowing your rights under the PWFA can make a significant difference in your workplace experience. Here are a few steps to take if you need an accommodation:
The Pregnant Workers Fairness Act is a significant stride toward gender equity and workplace fairness. As more employees and employers become aware of these protections, we move closer to a world where pregnancy is fully supported, and women’s rights are respected in every workplace. Let’s continue advocating for and supporting policies that uplift all workers and create a more inclusive and accommodating work environment for everyone.
The PWFA represents progress, but there’s still work to be done. By understanding your rights and standing up for them, you’re not only protecting yourself but also contributing to the broader movement for workplace equality.
]]>The PWFA is a federal law that mandates employers provide “reasonable accommodations” to pregnant workers and those affected by childbirth or related medical conditions. Under this law, employers must work with employees to identify and implement adjustments that will help them perform their jobs while also protecting their health and well-being. The accommodations can vary widely, from adjusting work schedules to allowing temporary reassignment of tasks that might pose physical challenges.
The PWFA builds upon previous laws, like the Pregnancy Discrimination Act of 1978 and the Americans with Disabilities Act, by specifically requiring that accommodations be made for pregnant workers. These accommodations are required unless they would impose an “undue hardship” on the employer’s operations. Here are some of the protections offered:
The PWFA is a groundbreaking step toward ensuring women’s rights in the workplace, as it addresses a significant gap in previous federal protections. Women no longer have to choose between their jobs and their health, as this law provides the right to both. By accommodating pregnant workers, the PWFA promotes a healthier work environment and demonstrates that pregnant workers are valued and respected members of the workforce.
If you’re pregnant or dealing with a childbirth-related condition, knowing your rights under the PWFA can make a significant difference in your workplace experience. Here are a few steps to take if you need an accommodation:
The Pregnant Workers Fairness Act is a significant stride toward gender equity and workplace fairness. As more employees and employers become aware of these protections, we move closer to a world where pregnancy is fully supported, and women’s rights are respected in every workplace. Let’s continue advocating for and supporting policies that uplift all workers and create a more inclusive and accommodating work environment for everyone.
The PWFA represents progress, but there’s still work to be done. By understanding your rights and standing up for them, you’re not only protecting yourself but also contributing to the broader movement for workplace equality.
]]>The workplace should be a space where everyone is treated fairly and judged based on their skills, work ethic, and professionalism—not their gender identity or sexual orientation. In recent years, employment protections for LGBTQ+ individuals have expanded significantly, ensuring that more workers can thrive without fear of discrimination. Whether you’re an employer or an employee, it’s important to understand the laws in place and how they safeguard the rights of individuals in the LGBTQ+ community.
A pivotal moment in employment protections for LGBTQ+ individuals came with the 2020 Supreme Court ruling in Bostock v. Clayton County. In this case, the Court ruled that Title VII of the Civil Rights Act of 1964, which prohibits discrimination “based on sex,” extends to cover sexual orientation and gender identity. This ruling marked a major victory for LGBTQ+ workers, making it illegal for employers to fire or discriminate against someone simply because they are gay or transgender.
Before this decision, many workers in states without specific protections for LGBTQ+ employees had little legal recourse if they faced discrimination in the workplace. Now, under federal law, employers cannot:
Title VII of the Civil Rights Act is now a critical tool for LGBTQ+ workers seeking to protect their rights. It’s important to understand the key protections this law provides:
Employers play a crucial role in ensuring a discrimination-free workplace. Following the Bostock ruling, it’s essential for employers to:
Ensuring that these protections are in place not only complies with federal law but also helps foster a more inclusive, positive workplace culture.
While the Bostock decision covers the entire country, many states and local governments have enacted even stronger protections for LGBTQ+ workers. States like California, New York, and Massachusetts, for example, have robust anti-discrimination laws that apply to smaller employers and offer additional protections in areas like public accommodations and housing. Employers should be aware of both federal and state requirements to ensure full compliance with the law.
Transgender individuals face unique challenges in the workplace, and it’s important for employers to be proactive in addressing their needs. The Bostock ruling affirmed that transgender workers are protected under Title VII, but additional steps can create a more supportive environment:
If you’re an LGBTQ+ employee facing discrimination or harassment at work, there are steps you can take to protect your rights:
Protections for LGBTQ+ employees in the workplace have come a long way, but there’s still work to be done. Employers can help create more inclusive environments by going beyond legal compliance and actively promoting diversity and inclusion. When all employees—regardless of their gender identity or sexual orientation—feel safe, respected, and valued, it benefits the entire organization.
The expansion of employment protections for gender identity and sexual orientation is a significant step toward equality. Thanks to the Bostock ruling and growing state-level laws, LGBTQ+ employees now have the legal safeguards they need to thrive in the workplace. By staying informed about these rights and advocating for inclusive practices, we can continue to build workplaces where everyone can succeed without fear of discrimination.
]]>A pivotal moment in employment protections for LGBTQ+ individuals came with the 2020 Supreme Court ruling in Bostock v. Clayton County. In this case, the Court ruled that Title VII of the Civil Rights Act of 1964, which prohibits discrimination “based on sex,” extends to cover sexual orientation and gender identity. This ruling marked a major victory for LGBTQ+ workers, making it illegal for employers to fire or discriminate against someone simply because they are gay or transgender.
Before this decision, many workers in states without specific protections for LGBTQ+ employees had little legal recourse if they faced discrimination in the workplace. Now, under federal law, employers cannot:
Title VII of the Civil Rights Act is now a critical tool for LGBTQ+ workers seeking to protect their rights. It’s important to understand the key protections this law provides:
Employers play a crucial role in ensuring a discrimination-free workplace. Following the Bostock ruling, it’s essential for employers to:
Ensuring that these protections are in place not only complies with federal law but also helps foster a more inclusive, positive workplace culture.
While the Bostock decision covers the entire country, many states and local governments have enacted even stronger protections for LGBTQ+ workers. States like California, New York, and Massachusetts, for example, have robust anti-discrimination laws that apply to smaller employers and offer additional protections in areas like public accommodations and housing. Employers should be aware of both federal and state requirements to ensure full compliance with the law.
Transgender individuals face unique challenges in the workplace, and it’s important for employers to be proactive in addressing their needs. The Bostock ruling affirmed that transgender workers are protected under Title VII, but additional steps can create a more supportive environment:
If you’re an LGBTQ+ employee facing discrimination or harassment at work, there are steps you can take to protect your rights:
Protections for LGBTQ+ employees in the workplace have come a long way, but there’s still work to be done. Employers can help create more inclusive environments by going beyond legal compliance and actively promoting diversity and inclusion. When all employees—regardless of their gender identity or sexual orientation—feel safe, respected, and valued, it benefits the entire organization.
The expansion of employment protections for gender identity and sexual orientation is a significant step toward equality. Thanks to the Bostock ruling and growing state-level laws, LGBTQ+ employees now have the legal safeguards they need to thrive in the workplace. By staying informed about these rights and advocating for inclusive practices, we can continue to build workplaces where everyone can succeed without fear of discrimination.
]]>Why the Workplace of the Future Will Look and Feel More Like a Hotel. Learn more.
Embrace Different: How to Connect With Others at Work. Learn more.
]]>Older workers often possess years, if not decades, of experience in their respective fields. This wealth of knowledge allows them to make informed decisions, mentor younger employees, and handle complex tasks with confidence. Unlike younger workers who may still be gaining proficiency, older employees often already have mastery over their roles and can offer insights into long-term industry trends and practices.
Many older workers were raised in an era that emphasized the importance of hard work, discipline, and loyalty. This translates to a strong sense of responsibility and dedication to their job, often resulting in higher productivity and reliability. They are often known for being punctual, meeting deadlines, and showing resilience in the face of challenges.
With their vast experience, older employees can serve as invaluable mentors to younger generations of workers. This is particularly important for companies focused on succession planning and knowledge transfer. The wisdom and practical insights that older workers share can help shape the careers of younger colleagues, ensuring that institutional knowledge is passed down and that younger workers develop essential skills more quickly.
Older workers are less likely to job-hop compared to their younger counterparts. Many have already achieved career satisfaction and are more inclined to stay in a position long-term. This loyalty can reduce recruitment and training costs, which can be a significant advantage for companies that are striving for stability and continuity.
With years of experience comes a refined ability to solve problems creatively and efficiently. Older workers have often encountered a wide variety of challenges throughout their careers, equipping them with the capacity to think critically and develop solutions under pressure. They can draw from past experiences to offer solutions that younger employees might not immediately consider.
Contrary to the stereotype that older workers resist change, many have had to adapt to significant shifts in technology, work culture, and industry demands throughout their careers. The key is to recognize that while older workers might approach new technology or processes differently, they are often open to learning, especially when given proper training and time. Their adaptability is a valuable asset in today’s fast-paced, ever-changing work environment.
A workplace that values diverse perspectives often makes better decisions and fosters innovation. Older workers bring a different point of view, shaped by a lifetime of experiences and professional challenges. This diversity of thought can lead to more comprehensive problem-solving, better customer relations (especially with older clients), and innovative approaches that might otherwise be overlooked.
Years in the workforce usually translate into well-developed interpersonal skills. Many older workers excel in managing relationships, resolving conflicts, and maintaining professionalism in even the most difficult situations. Their emotional intelligence and ability to handle interpersonal dynamics can help foster a more harmonious and collaborative work environment.
Older workers often command respect due to their extensive experience and knowledge. They can serve as credible leaders within the organization, whether formally in management roles or informally as trusted advisors. Their reputations, built over many years, can instill confidence in clients, colleagues, and stakeholders.
Older workers, particularly those approaching retirement, may seek to continue working not just for financial reasons but for personal fulfillment. They often take pride in their work and are motivated by a strong sense of purpose. This commitment can lead to greater job satisfaction, loyalty, and overall performance.
Older workers are an underutilized asset in many workplaces, but their contributions are critical to creating a balanced, experienced, and effective team. By embracing the strengths that older employees bring, companies can benefit from a workforce that is knowledgeable, dependable, and capable of mentoring the next generation of talent. As the workforce continues to evolve, businesses that recognize the value of older workers will be better positioned for long-term success.
Hiring older workers isn’t just about filling positions; it’s about investing in the future of your organization through the unique strengths they bring to the table.
]]>Workplace wellbeing programs often don’t work – but here’s how to make them better. Learn more.
How work has changed for women in corporate America over the last 10 years. Learn more.
]]>Employers generally have the right to set the terms of employment, which includes determining where the work is performed. This means that if your employer decides to implement an office return policy, they are legally entitled to do so as long as it is in line with your employment contract. However, there are exceptions and nuances based on the location of the business and labor laws specific to your region.
Employers must give reasonable notice if they are requiring employees to return to the office. Sudden changes in work arrangements can be disruptive, so companies are expected to provide sufficient time for employees to adjust. The duration of this notice varies by jurisdiction, but typically, a few weeks to a couple of months is considered reasonable.
Under laws such as the Americans with Disabilities Act (ADA) in the United States, employers are required to provide reasonable accommodations for employees with disabilities. If an employee’s disability prevents them from safely commuting or working in the office, the employer must explore alternative options, including continued remote work, unless doing so would cause undue hardship to the business.
Health and safety concerns are paramount, especially if there are ongoing risks related to the COVID-19 pandemic or other health-related issues. Employees have the right to work in a safe environment, and this extends to office settings. Employers are required to implement safety measures, such as social distancing, sanitation, and mask mandates, depending on local public health guidelines. If an employee feels that their health is at risk, they can request accommodations or raise the issue with HR.
Some companies are offering hybrid work models, where employees split their time between the office and remote locations. While not legally required in most cases, employees can negotiate with their employer for such flexibility. Open communication is key to reaching an agreement that works for both parties.
While employees do have the right to raise concerns, refusing to return to the office without a valid reason (such as a health risk or disability) could lead to disciplinary actions, including termination. It’s important to understand the terms of your employment contract and consult a legal expert if you believe your rights are being violated.
If you are part of a union, the return-to-office policy may need to be negotiated with your union representatives. Collective bargaining agreements can offer additional protections and stipulations that individual employees might not have access to.
Labor laws differ significantly by state and country. In some regions, government guidelines or labor boards may provide additional rights or protections related to workplace safety, remote work options, or notice periods. It’s essential to check the specific labor laws in your area to know your rights fully.
Returning to the office can be a complex transition, but understanding your rights as an employee can help navigate this change smoothly. Be proactive in discussing concerns with your employer and seek legal advice if necessary to ensure that your rights are protected in the workplace.
]]>The Anti-Defamation League sues Intel, its first case against an American company. Read more.
These employers are requiring employees to return to work. Read more.
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EEOC Research Finds Unequal Opportunity in the High Tech Sector and Workforce. Read more.
]]>Reasonable accommodations are changes or modifications to the workplace or job duties that enable an employee with a disability to perform their essential job functions. These adjustments can take many forms, depending on the specific needs of the individual. Some common examples include:
When an employee requests an accommodation, it triggers what is known as the “interactive process.” This is a dialogue between the employee and employer to determine what accommodations are necessary and feasible. Both parties are encouraged to work together to find a solution that enables the employee to continue working effectively without creating an undue hardship for the employer.
Employers are required to provide reasonable accommodations unless doing so would impose an undue hardship on the business. An undue hardship is defined as a significant difficulty or expense for the employer. Factors like the nature and cost of the accommodation, the overall financial resources of the employer, and the size of the business can all be considered when evaluating undue hardship.
For example, a small business may not be able to afford certain expensive modifications that a larger corporation could easily implement. However, it’s important to note that employers cannot simply claim inconvenience as an undue hardship. They must prove that the accommodation would create significant financial or operational difficulties.
Employees are responsible for disclosing their need for accommodation. Employers are not required to accommodate individuals if they are unaware of the need. Once the request is made, the employer should engage in the interactive process promptly and in good faith.
Additionally, employers cannot retaliate against employees for requesting accommodations. The ADA protects workers from discrimination based on their disability and guarantees that they have equal access to employment opportunities.
Providing reasonable accommodations isn’t just a legal requirement; it’s also good business. When employees feel supported and equipped to do their jobs, it boosts morale, productivity, and retention. An inclusive workplace culture where everyone can thrive leads to better outcomes for both employees and employers.
Reasonable accommodations play a crucial role in fostering an inclusive and diverse workforce. By understanding employee rights and employer responsibilities, businesses can create supportive environments where everyone has the opportunity to contribute their talents and skills. Through the interactive process, companies can find solutions that help employees with disabilities succeed, while still maintaining efficient and productive operations. Creating a fair, accessible, and equitable workplace is not only the right thing to do—it’s also a key component of a successful business strategy.
]]>Why a Four-day Work Week Sets Up an Uneven Playing Field for Workers. Read more.
As Gig Work Defies Iffy Economic Outlook, HR Leaders Look to Reshape Policies. Read more.
How to Keep a Workplace Happy in a Divided Political Moment. Read more.
]]>One of the most important ways to treat gig workers fairly is through clear and transparent communication. From the outset, employers should provide detailed project scopes, deadlines, and payment terms. Setting expectations for both parties helps avoid misunderstandings and sets the foundation for a successful working relationship. Transparency also extends to any changes in the project—whether it’s a shift in priorities, scope creep, or delays, keeping gig workers in the loop shows respect for their time and effort.
Gig workers depend on timely payments to maintain their financial stability, as they don’t have the luxury of a steady paycheck. Employers should honor agreed-upon payment schedules and avoid delays. Additionally, compensation should be fair and competitive based on the worker’s skills, experience, and the market rate for similar work. When gig workers feel they are compensated fairly, they are more likely to deliver high-quality work and consider future collaborations with your company.
One of the key differences between gig workers and traditional employees is the level of autonomy they expect. Employers should respect gig workers’ independence by allowing them to manage their own schedules and processes, as long as the agreed-upon results are delivered. Micromanaging or imposing overly rigid requirements can undermine the freelance relationship and blur the lines of independent contracting. By respecting gig workers’ freedom, you create a more positive and productive environment.
Freelancers and gig workers often rely on their own tools and resources to get the job done, but in some cases, employers may need to provide access to specific software, systems, or information. Ensuring that gig workers have the tools they need to complete their work efficiently is not only fair but also beneficial to the company. A well-equipped worker is more likely to meet deadlines and deliver quality work, strengthening the overall partnership.
Gig workers, just like full-time employees, appreciate recognition for their contributions. A simple acknowledgment of a job well done can go a long way in building rapport and loyalty. Employers can create a culture of appreciation by providing positive feedback, celebrating milestones, or even offering opportunities for gig workers to participate in company events or projects that align with their skills. When gig workers feel valued, they are more likely to go above and beyond in their work.
One of the most critical aspects of treating gig workers fairly is ensuring compliance with labor laws. Misclassifying gig workers as independent contractors when they should be classified as employees can lead to serious legal and financial consequences. Employers need to stay informed about the laws governing worker classification, both at the federal and state levels, to avoid penalties and ensure that gig workers receive any benefits or protections to which they are entitled. This may include reviewing contracts regularly and seeking legal counsel to navigate complex regulations.
While gig workers may not seek the same career trajectory as full-time employees, many appreciate opportunities for professional growth and development. Employers can foster this by offering ongoing work, recommending freelancers for other projects, or providing feedback that helps them refine their skills. Some companies even offer limited access to training programs or resources that can help gig workers enhance their abilities, leading to better outcomes for both parties.
As the gig economy continues to grow, treating gig workers fairly is not just a legal obligation—it’s a strategic advantage. Employers who prioritize transparency, fair compensation, autonomy, and respect can build strong, lasting relationships with freelancers, leading to better results and a positive reputation in the marketplace. By recognizing the value gig workers bring to the table and treating them with the same respect as full-time employees, companies can thrive in this new era of work.
]]>A union is an organization formed by workers to represent their collective interests in negotiations with employers. Whether advocating for higher wages, improved working conditions, or better benefits, unions give employees a unified voice in decisions that impact their jobs and lives. Union representation can be especially crucial in industries where power dynamics heavily favor employers, such as retail, healthcare, and the gig economy.
Under the National Labor Relations Act (NLRA), most private-sector employees have the right to form or join a union. This includes engaging in activities such as discussing unionization with colleagues, distributing union-related materials, and organizing petitions. Employers are prohibited from retaliating against employees for exercising their rights to unionize. However, public-sector employees and certain categories of workers, such as independent contractors, may have different rights, depending on state laws and local regulations.
Unionizing usually begins with a group of workers identifying the need for change and reaching out to a union for support. The process typically involves forming an organizing committee, gathering support through petitions or card-check processes, and then filing for an election with the National Labor Relations Board (NLRB) if the majority of workers express interest in unionizing. If the vote is successful, the union will be recognized as the representative of the workers, and collective bargaining negotiations with the employer can begin.
Unionizing is not without challenges. Employers often resist unionization efforts, fearing the impact on their business operations. Some may use anti-union tactics, such as holding mandatory meetings to discourage union support or even hiring consultants to sway employee opinions. It’s essential for employees to stay informed, know their rights, and remain united throughout the process. Seeking legal advice or guidance from a labor rights organization can also help navigate these challenges.
The benefits of unionizing can be significant. Unionized workers typically earn higher wages, receive better benefits, and enjoy more job security than their non-unionized counterparts. Additionally, unions offer protection against unfair treatment and provide a structured process for addressing grievances. In an era where job security can be uncertain and inequality in the workplace persists, unions empower employees to take control of their work environment and advocate for fair treatment.
In 2024, unionizing is increasingly relevant in new sectors, such as tech, education, and healthcare, where workers are seeking to address issues like burnout, inadequate pay, and lack of career growth opportunities. The rise of remote work and the gig economy has also sparked a renewed interest in union efforts to address unique challenges like inconsistent work schedules, lack of benefits, and classification issues that often leave gig workers without the protections afforded to traditional employees.
Unionization is a powerful tool, but it requires commitment, organization, and education. Employees considering unionizing should stay informed by researching union-related laws, speaking with union organizers, and connecting with other workers who have successfully unionized. Understanding the full scope of the process and potential outcomes will help ensure a successful effort.
Unionizing is a significant step for workers seeking better conditions, fair treatment, and a stronger collective voice in the workplace. As the economy continues to shift and new challenges arise, unions offer essential support in helping employees navigate these changes and secure their rights. By understanding the unionizing process, knowing their rights, and staying united, employees can make informed decisions that positively impact their work lives and future.
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EEOC Sues Three Employers for Disability Discrimination. Learn more.
]]>Creating a psychologically safe workplace is not just a nice-to-have; it’s essential for long-term success. When employees feel safe, they are more likely to innovate, collaborate, and perform at their best. By prioritizing psychological safety, organizations can build stronger teams, foster a culture of trust, and ultimately drive better business outcomes.
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Workplace safety is not a game. Learn more.
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Talking politics at work is common, but Gallop warns it is a double-edged sword. Learn more.
]]>In the ever-evolving landscape of the workplace, the key to thriving lies in constant learning and growth. Employment education serves as a powerful shield in the dynamic realm of career opportunities, providing individuals with the necessary armor to navigate through challenges and embrace new possibilities. Let’s explore the significance of investing in education to fortify your position in the professional arena.
Education is the cornerstone of professional growth and development. By immersing yourself in a culture of learning, you open doors to new opportunities and expand your horizons. In today’s fast-paced world, where industries are constantly evolving, staying abreast of the latest trends and technologies can set you apart from your peers. Continuous education not only enhances your skill set but also nurtures a mindset of innovation and resilience.
Moreover, education serves as a catalyst for personal enrichment and self-improvement. It empowers individuals to hone their strengths, address their weaknesses, and strive for excellence in their chosen field. The value of education transcends mere qualifications; it cultivates critical thinking, problem-solving abilities, and a thirst for knowledge that fuels professional success.
By embracing education as a lifelong journey rather than a finite destination, professionals can adapt to the ever-changing demands of the workplace. Whether through formal degrees, online courses, workshops, or seminars, investing in education is an investment in your future self. It equips you with the tools to navigate challenges, seize opportunities, and chart a path towards continuous growth and advancement.
In essence, education empowers individuals to become architects of their destinies, shaping their careers with intention and purpose. It instills confidence, competence, and a forward-looking mindset that propels them towards professional excellence. By recognizing the intrinsic value of education in the work environment, individuals can fortify themselves against uncertainties and position themselves as indispensable assets in their respective fields.
In the contemporary workplace, adaptability is a prized trait that can spell the difference between stagnation and growth. Industry landscapes are in a constant state of flux, shaped by technological advancements, market shifts, and global trends. To thrive amidst these dynamic changes, individuals must cultivate a mindset of continuous learning and evolution.
Employment education serves as a strategic tool for adapting to industry changes seamlessly. By acquiring new skills, staying updated on industry developments, and embracing emerging technologies, professionals position themselves as agile and future-ready. The ability to pivot, innovate, and reinvent oneself in response to evolving demands is a hallmark of success in the modern workplace.
Moreover, continuous learning fosters a culture of resilience and resourcefulness among professionals. It equips them with the flexibility to navigate uncertainties, pivot their strategies, and seize emerging opportunities. Rather than being daunted by change, individuals who prioritize education see it as a catalyst for growth and reinvention, enabling them to stay ahead of the curve and carve out a competitive edge.
By embracing a proactive approach to learning and adaptation, individuals not only future-proof their careers but also position themselves as invaluable assets to their organizations. The ability to anticipate trends, innovate solutions, and lead change initiatives stems from a commitment to lifelong learning and a growth mindset. In a rapidly evolving work environment, continuous education is not just a choice but a strategic advantage.
Embracing a culture of continuous learning through employment education not only safeguards your career but also propels you towards success in the competitive workplace environment. By arming yourself with knowledge, skills, and adaptability, you equip yourself with a formidable defense mechanism that can withstand the winds of change. Remember, education is not just a tool; it is the foundation upon which you can build a resilient and fulfilling career.
]]>Employment contracts serve as the foundation of the employer-employee relationship, setting the stage for the terms of engagement. These agreements typically detail crucial aspects such as job responsibilities, compensation structures, working hours, benefits, and grounds for termination. Understanding each clause is vital for employees to ensure they are treated fairly and in accordance with the agreed terms.
Furthermore, employment contracts may encompass additional provisions like non-compete agreements, intellectual property rights, confidentiality clauses, and dispute resolution mechanisms. These nuanced clauses can greatly impact an employee’s rights, career mobility, and overall experience within an organization, making it essential for individuals to scrutinize each segment of their contract.
As an employee, knowing your rights within the realm of an employment contract is empowering. It allows you to assert your entitlements, challenge any discrepancies, and seek legal recourse when necessary. By being well-versed in the intricacies of your contract, you position yourself as a knowledgeable and proactive stakeholder in your professional journey.
Moreover, employment contracts not only delineate the obligations of the employee but also enumerate the responsibilities of the employer. These documents create a framework for mutual understanding, accountability, and compliance, shaping a harmonious work environment where rights and obligations are clearly defined and upheld.
Within the realm of employment contracts, certain clauses carry significant legal implications that can impact the rights and protections of both parties. Clauses related to confidentiality, non-disclosure, and intellectual property, for instance, safeguard a company’s proprietary information and innovations while potentially limiting an employee’s freedom to leverage their expertise elsewhere.
On the flip side, clauses delineating notice periods, severance packages, and restrictive covenants directly influence an employee’s security, financial well-being, and future career prospects. Understanding the legal ramifications of these clauses is paramount for individuals looking to navigate their professional trajectory with clarity and foresight.
Furthermore, the inclusion of arbitration clauses, which stipulate methods for resolving disputes outside the court system, can significantly impact an employee’s ability to seek redress in case of conflicts or grievances. Being aware of the implications of such clauses equips individuals with the knowledge needed to make informed decisions and protect their rights effectively.
In essence, the key clauses present in an employment contract go beyond mere formalities; they are legal instruments that shape the dynamics of the employer-employee relationship and have lasting consequences on the professional lives of those involved. Understanding the nuances and implications of these clauses is fundamental for safeguarding one’s rights and interests in the workplace.
The process of negotiating an employment contract presents a critical opportunity for individuals to advocate for their rights, preferences, and professional objectives. By engaging in constructive dialogue with potential employers, candidates can tailor contract terms to better align with their expectations and aspirations, thereby creating a mutually beneficial agreement.
Negotiating clauses related to salary structures, benefits packages, flexible working arrangements, professional development opportunities, and inclusion of favorable terms can significantly enhance an employee’s overall job satisfaction, financial security, and career advancement prospects. It is imperative for individuals to approach contract negotiations as a strategic dialogue aimed at securing terms that reflect their needs and value.
Moreover, engaging in negotiations from a position of knowledge and preparedness empowers individuals to challenge unfair or unfavorable clauses, seek modifications that enhance their rights and protections, and set the stage for a transparent and equitable working relationship. By advocating for improved contract terms, employees assert their worth and contribute to fostering a culture of mutual respect and collaboration in the workplace.
Negotiating employment contracts is not just about securing a job; it’s about setting the foundation for a fulfilling and rewarding professional journey. By proactively engaging in the negotiation process, individuals not only enhance their rights and protections but also establish a precedent for open communication, trust, and respect in their interactions with employers.
Ensuring compliance with the terms of an employment contract is essential for upholding one’s rights, responsibilities, and obligations as outlined in the agreement. By adhering to the stipulated provisions regarding performance expectations, conduct standards, and contractual obligations, employees demonstrate their commitment to maintaining a professional and mutually beneficial working relationship.
In cases where disputes, breaches, or conflicts arise in the context of an employment contract, seeking remedies through internal grievance procedures, mediation, or legal channels becomes crucial. Timely and effective resolution of conflicts ensures that the rights and interests of both parties are safeguarded, promoting harmonious workplace dynamics and equitable outcomes.
Furthermore, staying informed about labor laws, regulations, and industry standards relevant to employment contracts is imperative for individuals to protect themselves against unfair practices, discrimination, or exploitation. By leveraging legal knowledge and resources, employees can assert their rights, seek redress for grievances, and advocate for fair and just treatment within the workplace.
In essence, ensuring compliance with the terms of an employment contract and pursuing remedies in case of violations are integral aspects of upholding one’s rights and advocating for a work environment characterized by transparency, fairness, and respect. By remaining vigilant, informed, and proactive, individuals can navigate the complexities of employment relationships with confidence and integrity.
As you navigate the landscape of employment contracts, remember that these agreements are not just about on-paper obligations. They are instruments that can safeguard your rights, provide clarity on expectations, and ensure fair treatment. By understanding the nuances of your employment contract, you empower yourself to advocate for your rights and create a balanced work environment tailored to your needs and aspirations.
]]>Why Joe Biden passing the torch to Kamala Harris matters for women in the workplace. Learn more.
Workplace bullying can affect workplace morale and the company’s bottom line. Read on to learn how organizations can address bullying.
]]>Court decisions on matters like wrongful termination, harassment, and employee benefits also contribute to the evolving landscape of employment law. Understanding these updates can help you navigate potential legal pitfalls and ensure you are aware of your rights in various work scenarios.
Furthermore, staying informed about changes in employment law can empower you to advocate for fair treatment and seek recourse when needed. By being aware of your rights, you can actively participate in creating a more equitable work environment for yourself and your colleagues.
For instance, the rise of the gig economy and the classification of workers as independent contractors or employees have raised important questions about labor rights and benefits. Understanding these changes is crucial to ensuring that you are aware of your entitlements and protections under the law.
Additionally, developments in areas like paid sick leave, family and medical leave, and workplace accommodations for individuals with disabilities can directly affect your rights as an employee. By staying informed and proactive, you can adapt to these changes and assert your rights in the ever-evolving landscape of employment law.
Legal professionals can offer tailored advice on matters such as contract negotiations, workplace disputes, and discrimination claims, helping you navigate complex legal processes with confidence. By being proactive and seeking expert advice, you can safeguard your rights and address any employment law concerns effectively.
Moreover, staying educated about your rights through workshops, seminars, and online resources can enhance your understanding of employment law and empower you to advocate for yourself in various work situations. Remember, knowledge is power when it comes to protecting your rights as a worker.
As the employment law news continues to shape the legal framework affecting workers, being proactive and informed is key to asserting your rights. Stay vigilant, seek advice when needed, and understand the implications of these changes on your workplace dynamics. Your rights as a worker are crucial, and staying abreast of the employment law news ensures you are prepared to address any challenges head-on.
]]>In the world of work, the fine print of employment contracts can have a significant impact on your rights and protections. From defining job expectations to outlining benefits and termination clauses, these agreements shape your work life. Let’s dive into the complexities of employment contracts and how they influence your experience in the workplace.
Employment contracts serve as the foundation of the employer-employee relationship, setting the stage for the terms of engagement. These agreements typically detail crucial aspects such as job responsibilities, compensation structures, working hours, benefits, and grounds for termination. Understanding each clause is vital for employees to ensure they are treated fairly and in accordance with the agreed terms.
Furthermore, employment contracts may encompass additional provisions like non-compete agreements, intellectual property rights, confidentiality clauses, and dispute resolution mechanisms. These nuanced clauses can greatly impact an employee’s rights, career mobility, and overall experience within an organization, making it essential for individuals to scrutinize each segment of their contract.
As an employee, knowing your rights within the realm of an employment contract is empowering. It allows you to assert your entitlements, challenge any discrepancies, and seek legal recourse when necessary. By being well-versed in the intricacies of your contract, you position yourself as a knowledgeable and proactive stakeholder in your professional journey.
Moreover, employment contracts not only delineate the obligations of the employee but also enumerate the responsibilities of the employer. These documents create a framework for mutual understanding, accountability, and compliance, shaping a harmonious work environment where rights and obligations are clearly defined and upheld.
Within the realm of employment contracts, certain clauses carry significant legal implications that can impact the rights and protections of both parties. Clauses related to confidentiality, non-disclosure, and intellectual property, for instance, safeguard a company’s proprietary information and innovations while potentially limiting an employee’s freedom to leverage their expertise elsewhere.
On the flip side, clauses delineating notice periods, severance packages, and restrictive covenants directly influence an employee’s security, financial well-being, and future career prospects. Understanding the legal ramifications of these clauses is paramount for individuals looking to navigate their professional trajectory with clarity and foresight.
Furthermore, the inclusion of arbitration clauses, which stipulate methods for resolving disputes outside the court system, can significantly impact an employee’s ability to seek redress in case of conflicts or grievances. Being aware of the implications of such clauses equips individuals with the knowledge needed to make informed decisions and protect their rights effectively.
In essence, the key clauses present in an employment contract go beyond mere formalities; they are legal instruments that shape the dynamics of the employer-employee relationship and have lasting consequences on the professional lives of those involved. Understanding the nuances and implications of these clauses is fundamental for safeguarding one’s rights and interests in the workplace.
The process of negotiating an employment contract presents a critical opportunity for individuals to advocate for their rights, preferences, and professional objectives. By engaging in constructive dialogue with potential employers, candidates can tailor contract terms to better align with their expectations and aspirations, thereby creating a mutually beneficial agreement.
Negotiating clauses related to salary structures, benefits packages, flexible working arrangements, professional development opportunities, and inclusion of favorable terms can significantly enhance an employee’s overall job satisfaction, financial security, and career advancement prospects. It is imperative for individuals to approach contract negotiations as a strategic dialogue aimed at securing terms that reflect their needs and value.
Moreover, engaging in negotiations from a position of knowledge and preparedness empowers individuals to challenge unfair or unfavorable clauses, seek modifications that enhance their rights and protections, and set the stage for a transparent and equitable working relationship. By advocating for improved contract terms, employees assert their worth and contribute to fostering a culture of mutual respect and collaboration in the workplace.
Negotiating employment contracts is not just about securing a job; it’s about setting the foundation for a fulfilling and rewarding professional journey. By proactively engaging in the negotiation process, individuals not only enhance their rights and protections but also establish a precedent for open communication, trust, and respect in their interactions with employers.
Ensuring compliance with the terms of an employment contract is essential for upholding one’s rights, responsibilities, and obligations as outlined in the agreement. By adhering to the stipulated provisions regarding performance expectations, conduct standards, and contractual obligations, employees demonstrate their commitment to maintaining a professional and mutually beneficial working relationship.
In cases where disputes, breaches, or conflicts arise in the context of an employment contract, seeking remedies through internal grievance procedures, mediation, or legal channels becomes crucial. Timely and effective resolution of conflicts ensures that the rights and interests of both parties are safeguarded, promoting harmonious workplace dynamics and equitable outcomes.
Furthermore, staying informed about labor laws, regulations, and industry standards relevant to employment contracts is imperative for individuals to protect themselves against unfair practices, discrimination, or exploitation. By leveraging legal knowledge and resources, employees can assert their rights, seek redress for grievances, and advocate for fair and just treatment within the workplace.
In essence, ensuring compliance with the terms of an employment contract and pursuing remedies in case of violations are integral aspects of upholding one’s rights and advocating for a work environment characterized by transparency, fairness, and respect. By remaining vigilant, informed, and proactive, individuals can navigate the complexities of employment relationships with confidence and integrity.
As you navigate the landscape of employment contracts, remember that these agreements are not just about on-paper obligations. They are instruments that can safeguard your rights, provide clarity on expectations, and ensure fair treatment. By understanding the nuances of your employment contract, you empower yourself to advocate for your rights and create a balanced work environment tailored to your needs and aspirations.
]]>Embarking on a journey of employment education is like navigating a complex maze; however, with the right tools and knowledge, finding your way through the intricacies of the workplace hierarchy and career growth opportunities becomes achievable. Join us on this enlightening expedition as we delve into the dynamics of workplace hierarchy, essential skills for entry-level roles, and career growth across various industries.
Exploring the workplace hierarchy is akin to uncovering a hidden organizational map with intricate levels of authority and responsibility. In a corporate setting, hierarchies establish the chain of command, defining who reports to whom and how decisions flow across different levels. Understanding this structure is crucial for navigating the nuances of power dynamics, interpersonal relationships, and communication channels within an organization.
As a beginner, grasping the unwritten rules and social cues that dictate interactions within the workplace hierarchy can be a challenging yet rewarding experience. Observing how seniority, expertise, and job titles influence decision-making processes and team dynamics provides valuable insights into the dynamics at play. By recognizing and respecting these hierarchies, individuals can effectively navigate the organizational landscape and position themselves for success.
Moreover, understanding the informal networks that exist alongside formal hierarchies can offer additional avenues for professional growth and collaboration. Building relationships with colleagues across various levels of the hierarchy fosters a sense of community and opens doors to mentorship, learning opportunities, and career advancement. Embracing the complexities of workplace hierarchy is not merely about fitting in but about leveraging these structures to chart your path towards success.
Embarking on an entry-level role marks the beginning of your professional journey, where each task and challenge becomes a stepping stone towards growth. Building a strong foundation of essential skills is paramount in establishing yourself within the organization and setting the stage for future career progression. From effective communication and time management to adaptability and teamwork, honing these skills is essential in navigating the complexities of the workplace.
As a beginner in the workforce, embracing a growth mindset and seeking opportunities to expand your skill set can set you apart in a competitive environment. Continuous learning, whether through formal training programs or mentorship relationships, enhances your capabilities and prepares you for the diverse challenges you may encounter. By investing in self-improvement and skill development, you not only enhance your value as an employee but also position yourself for advancement and success.
Moreover, cultivating interpersonal skills and emotional intelligence is vital for thriving in entry-level roles, where collaboration and relationship-building play a pivotal role. By fostering a supportive and positive work environment, individuals can cultivate strong professional connections, resolve conflicts effectively, and contribute positively to team dynamics. Developing these essential skills lays a solid foundation for navigating the workplace landscape and propelling your career forward.
In the ever-evolving landscape of work, adaptability and resilience are key attributes that empower individuals to navigate challenges with grace and determination. Embracing change, learning from setbacks, and demonstrating a proactive approach to problem-solving showcase your readiness to tackle obstacles head-on. By developing a versatile skill set and a resilient mindset, you equip yourself to navigate the dynamic nature of the workplace and seize opportunities for growth and development.
Venturing into the realm of career growth unveils a vast landscape of possibilities across diverse industries, each offering unique pathways for advancement and development. From traditional sectors like finance and healthcare to emerging fields such as technology and sustainability, exploring different industries exposes individuals to a myriad of career trajectories and professional opportunities.
Embracing a continuous learning mindset and staying abreast of industry trends are essential for navigating the ever-changing landscape of career growth. Adapting to technological advancements, evolving market demands, and shifting consumer preferences equips professionals with the agility to thrive in competitive industries. By seeking out growth opportunities, upskilling, and expanding your professional network, you position yourself for success and advancement within your chosen field.
Moreover, networking and building relationships with industry professionals play a pivotal role in uncovering hidden opportunities and leveraging external resources for career advancement. Engaging in industry events, conferences, and online communities fosters connections, knowledge sharing, and collaboration, opening doors to new possibilities and career growth. Embracing a proactive approach to expanding your industry network can lead to mentorship, partnerships, and career-enhancing opportunities.
In conclusion, navigating the intricacies of career growth in various industries requires a strategic blend of skill development, adaptability, and networking acumen. By exploring different sectors, embracing lifelong learning, and cultivating professional relationships, individuals can chart a course towards fulfilling and dynamic career paths. Remember, the journey of career growth is an ongoing exploration that unfolds with each opportunity seized and lesson learned along the way.
As we wrap up this beginner’s guide to employment education, remember that each step you take in your career journey molds your professional identity. Embrace the challenges, seek growth opportunities, and let your passion for learning guide your path. With dedication and perseverance, the world of employment education becomes a playground for your ambitions to flourish.
]]>In the intricate dance of labor disputes, employees often find themselves on uncertain ground, seeking guidance through the complexities of rights, negotiations, and legal protections. As workers face challenges in the workplace, understanding the landscape of labor disputes becomes paramount. Join us on a journey to explore negotiation tactics, legal rights, and proactive strategies essential for navigating the turbulent waters of labor disagreements.
Labor disputes arise from various issues in the workplace, spanning disagreements over wages, working conditions, benefits, or even leadership decisions. These conflicts can disrupt daily operations, create tensions among colleagues, and impact overall productivity. As an employee, recognizing the signs of a labor dispute early on can empower you to address concerns proactively, seeking resolution before tensions escalate.
When faced with a labor dispute, it’s essential to understand the different approaches to conflict resolution. From informal negotiations and mediation to formal grievance procedures and legal actions, employees have a range of options to pursue resolution. By familiarizing yourself with these pathways, you can navigate the complexities of a labor dispute with confidence and clarity.
Additionally, being aware of common triggers for labor disputes, such as disparities in treatment, unclear policies, or poor communication, can help you anticipate potential challenges in the workplace. By staying informed and proactive, employees can mitigate the risks of disputes and contribute to a more harmonious work environment for all.
In the realm of labor disputes, knowledge is indeed power. Understanding your rights as an employee, the obligations of your employer, and the available channels for seeking redress can position you as a proactive advocate for fair treatment and just resolutions. Stay informed, stay vigilant, and navigate the path through labor disputes with confidence.
Effective negotiation is often the cornerstone of successful dispute resolution in the workplace. By honing your negotiation skills, you can engage in constructive dialogue, assert your interests, and seek mutually beneficial solutions to conflicts. Understanding the principles of principled negotiation, active listening, and creative problem-solving can enhance your ability to navigate labor disputes with finesse.
In negotiations, clarity of goals and respectful communication are essential. Setting clear objectives, exploring alternative solutions, and maintaining a professional demeanor can foster productive discussions and pave the way for amicable resolutions. Remember, negotiation is not about winning or losing but about finding common ground and moving forward collaboratively.
Furthermore, approaching negotiations with a readiness to compromise, openness to new perspectives, and a focus on long-term relationships can yield positive outcomes in resolving labor disputes. Embracing flexibility, empathy, and strategic thinking can transform contentious interactions into opportunities for growth and understanding in the workplace.
Amidst the complexities of labor disputes, understanding your legal rights and protections is paramount. Various labor laws, collective bargaining agreements, and organizational policies govern the rights and responsibilities of both employees and employers in the workplace. By familiarizing yourself with these legal frameworks, you can advocate for your rights effectively and navigate disputes with confidence.
When faced with a potential violation of your rights or unlawful behavior by an employer, seeking legal guidance is crucial. Employment attorneys, labor unions, or advocacy groups can provide valuable support and information on your rights under the law. Remember, knowledge of the law empowers you to assert your rights and seek appropriate remedies for any injustices encountered.
Legal protections exist to safeguard employees from discrimination, harassment, wrongful termination, wage theft, and other forms of workplace abuse. By understanding the legal avenues available to address these issues, employees can secure protections, pursue accountability, and uphold standards of fairness and equity in the workplace. Knowledge is key to empowering individuals in the face of labor disputes.
Just as every storm eventually clears, labor disputes can find resolution through understanding, tenacity, and a firm grasp of legal protections. As workers forge ahead, remember that knowledge is power. By staying informed, seeking collaboration, and utilizing available resources, individuals can weather the storm and emerge stronger on the other side.
]]>In the ever-evolving landscape of employment law news, staying informed is pivotal to safeguarding your rights in the workplace. From significant updates in labor regulations to pivotal court rulings, being aware can empower you to navigate the complexities of employment laws effectively. Explore the latest developments that could shape your work environment and rights as an employee.
Court decisions on matters like wrongful termination, harassment, and employee benefits also contribute to the evolving landscape of employment law. Understanding these updates can help you navigate potential legal pitfalls and ensure you are aware of your rights in various work scenarios.
Furthermore, staying informed about changes in employment law can empower you to advocate for fair treatment and seek recourse when needed. By being aware of your rights, you can actively participate in creating a more equitable work environment for yourself and your colleagues.
For instance, the rise of the gig economy and the classification of workers as independent contractors or employees have raised important questions about labor rights and benefits. Understanding these changes is crucial to ensuring that you are aware of your entitlements and protections under the law.
Additionally, developments in areas like paid sick leave, family and medical leave, and workplace accommodations for individuals with disabilities can directly affect your rights as an employee. By staying informed and proactive, you can adapt to these changes and assert your rights in the ever-evolving landscape of employment law.
Legal professionals can offer tailored advice on matters such as contract negotiations, workplace disputes, and discrimination claims, helping you navigate complex legal processes with confidence. By being proactive and seeking expert advice, you can safeguard your rights and address any employment law concerns effectively.
Moreover, staying educated about your rights through workshops, seminars, and online resources can enhance your understanding of employment law and empower you to advocate for yourself in various work situations. Remember, knowledge is power when it comes to protecting your rights as a worker.
As the employment law news continues to shape the legal framework affecting workers, being proactive and informed is key to asserting your rights. Stay vigilant, seek advice when needed, and understand the implications of these changes on your workplace dynamics. Your rights as a worker are crucial, and staying abreast of the employment law news ensures you are prepared to address any challenges head-on.
]]>From the ground up: How worker-to-worker organizing is transforming the American labor movement. Read more.
Four ways to support mothers returning to work. Read more.
Workplace psychological safety is critical—but often lacking. Read more.
]]>Speaking up in the workplace can be intimidating. Learn how to gain the confidence to advocate for yourself.
Microaggression at work take a toll on employees from underrepresented communities. Learn what organizations can do to address these issues.
NLRB general counsel reiterates position on injunctions following the Supreme Court ruling. Read more.
Gen AI is coming for remote workers first. Read more.
]]>4o
]]>CREDIT LINE: This article was produced by the Independent Media Institute.
ARTICLE
Wayne Creasy turned the corner in his municipal work truck, saw emergency vehicles idling at the railroad crossing, and instinctively pulled over to help.
About 12 feet in the air, a railroad worker writhed in agony, pinned against his seat by a 39-foot-long, 1,500-pound slab of rail that fell from the claws of the crane he’d been operating.
Creasy—crew chief for the Bloomsburg, Pennsylvania, Public Works Department and president of United Steelworkers (USW) Local 1928—knew exactly what to do.
He summoned a town backhoe, moved a police car out of the way, and secured the backhoe’s chains to the piece of rail. Then he guided the backhoe operator, a fellow union member, as he hoisted the rail high enough for emergency workers to slide the man over the back of his seat to safety.
Decades of union empowerment prepared Creasy to act decisively and heroically on that summer day. Now, swift passage of federal legislation, the Public Service Freedom to Negotiate Act, would help build the same kind of leadership, skill, and teamwork in communities nationwide.
“We try to rise above and beyond,” Creasy, a town worker for nearly three decades, said of his 10-person crew, responsible for snow-clearing, street paving, flood control, tree maintenance, the town park, an airport, traffic signals, and many other community essentials. “If you know what to do, you do it.”
Some states unfairly deny public servants—not only road crews but sanitation, maintenance, and office workers, among others—the same right to union membership that counterparts in the private sector enjoy.
A right-wing governor in Wisconsin signed legislation in 2011, for example, that essentially eliminated bargaining rights for public workers there. In 2023, Florida’s anti-worker governor signed a law aimed at bankrupting and decimating public-sector unions, costing tens of thousands of workers their labor rights so far.
And Louisiana’s Republican-controlled legislature in 2024 introduced several bills intended to strip public workers of their unions.
The Public Service Freedom to Negotiate Act—backed by pro-worker members of Congress such as Senator Sherrod Brown of Ohio—evens the scales.
It would guarantee public workers the right to unionize, negotiate collectively, and fight together for better working conditions. The bill also would bar states from imposing burdensome paperwork requirements on unions, as Florida has, and establish a process for resolving bargaining stalemates.
“Protect yourself. Protect your rights. Protect your benefits,” said Creasy, urging public workers to organize for their own good and that of the taxpayers they serve.
Union membership affords Creasy a say on the job and also provides him opportunities to learn new skills, take on additional responsibilities, and problem-solve. Safety trainings showed him to think his way out of perilous situations, and the union instilled in him the importance of leaving no one behind.
All of that came together to save the crane operator.
“I just had to help the guy… I represent the union, the USW, and it was the USW to the rescue,” said Creasy.
“I’ve been with this department for 26 years. You see all sorts of situations. If you’re around heavy equipment, you know how to use it properly,” he explained.
“No doubt at all. No hesitation,” Creasy said of his hastily devised rescue plan. “We knew we had to lift the rail off of him, and the only piece of equipment going to do it was the backhoe.”
The Public Service Freedom to Negotiate Act would afford more public-sector workers the voice and resources needed not only to better protect the public but also to deliver services more efficiently and cost-effectively.
“The union offers training you don’t get anywhere else,” said Kevin Ziolkovski, president of USW Local 9411, who’s aided accident victims, a person in anaphylactic shock, and other stricken members of the public while working for Groton (Connecticut) Utilities.
At a recent labor conference, Ziolkovski trained on the use of Narcan, an emergency medication used to save overdose victims. Now, he plans to carry the medication with him on the job.
The USW’s broad reach enables Ziolkovski and other public workers across the country to compare notes and develop best practices for serving their communities. And unions enable public workers to speak out about service gaps or other problems.
“Because of the union, we are able to have some discussions we would be scared to have otherwise,” said Andrew Reed, president of USW Local 9187, which represents hundreds of workers in the Stark County, Ohio, Department of Jobs & Family Services.
Reed and other union members stepped up, for example, when they realized that long wait times put callers to the county’s Human Services Division at increased risk.
They spoke with county officials, juggled scheduling, and took other steps to drastically reduce the amount of time callers waited for help. In some cases, the changes shaved hours off of response times, said Reed, noting the agency provides food assistance, transportation, and other crucial services to residents in need.
With the union looking out for safety and workplace conditions, Reed noted, “workers are able to focus more on serving the public.”
In Bloomsburg, union solidarity not only enables Creasy’s crew members to work seamlessly together but fosters a greater shared commitment to the community they all call home.
“They depend on us and look up to us,” he said of the town’s residents and merchants. “We’re here for the long haul.”
]]>Five steps for fostering a culture of belonging at your organization. Read more.
Federal judge partially blocks FTC ban on noncompetes. Here’s what that means for workers. Read more.
Protecting workers from extreme heat. Read more.
Work friends can be hard to find. How to combat loneliness in the workplace. Read more.
]]>The foundation of equal pay law lies in the principle of non-discrimination, aiming to eliminate discrepancies in remuneration based on gender. These laws mandate that individuals performing substantially similar work should receive equal pay, regardless of their gender.
Moreover, equal pay law extends beyond salary to encompass bonuses, benefits, and other forms of compensation. It serves as a crucial tool in promoting gender equality in the workplace and addressing systemic biases that have historically undervalued the contribution of women.
Through the lens of equal pay law, organizations are held accountable for establishing transparent pay structures and ensuring that gender does not play a role in determining an individual’s earnings. These laws provide a legal framework to challenge and rectify instances of gender-based pay disparities.
Despite the advancements made through equal pay law, challenges persist in closing the gender wage gaps. Deep-rooted societal norms, unconscious biases, and lack of transparency in pay practices continue to impede progress towards parity.
Organizations are gradually recognizing the importance of diversity, equity, and inclusion in fostering a thriving workplace culture. By proactively addressing pay inequities and promoting gender diversity in leadership roles, strides are being made towards narrowing the wage gaps.
The journey towards equality demands ongoing commitment from both public and private sectors. By engaging in dialogue, implementing fair pay policies, and embracing accountability, we can collectively overcome the challenges and advance towards a more equitable future.
Measuring progress in closing gender wage gaps requires a multifaceted approach that goes beyond legislative measures. It calls for cultural shifts, empowerment of marginalized voices, and continuous advocacy for a workplace where every individual is valued and compensated fairly.
Companies play a pivotal role in driving the implementation of equal pay law and fostering an environment of pay equity. By conducting regular pay audits, addressing unconscious biases in performance evaluations, and promoting salary transparency, organizations can actively contribute to narrowing wage differentials.
Moreover, fostering a culture of inclusivity and diversity within the workplace is instrumental in mitigating gender wage disparities. Companies that prioritize equity in compensation and opportunities create a more engaged workforce and enhance their reputation as socially responsible entities.
Embracing data-driven approaches to monitor pay practices, conducting regular gender pay analyses, and establishing clear pathways for reporting instances of pay inequity are essential steps for companies committed to upholding the principles of equal pay law.
By championing transparency, accountability, and proactive measures to eliminate gender-based pay differentials, companies not only comply with legal requirements but also contribute to a workplace where fairness, diversity, and inclusion are paramount.
In conclusion, the journey towards closing gender wage gaps in the workplace is intricately tied to the implementation and reinforcement of equal pay law. By ensuring that all individuals are compensated fairly for their contributions regardless of gender, we pave the way for a more just and equitable future.
]]>Employers should pay attention to the reasons employees are engaging in “quiet quitting.” They can use the data to improve employee satisfaction. Read more.
Civil Rights Department obtains $15 million settlement agreement with Snapchat over alleged sex-based employment discrimination. Read more.
Five myth-busting facts about AI in the workplace. Read more.
Coffee badging’ is a new workplace trend – but what does it mean? Read more.
]]>Employee discrimination can manifest in various forms, from subtle behaviors to overt actions that undermine an individual’s rights and dignity. It may include unequal pay, denial of promotions, harassment based on race, gender, or age, or even exclusion from important projects or meetings.
In some cases, employee discrimination rears its head through microaggressions, such as offhand comments, stereotypes, or biases that create a hostile or unwelcoming work environment. Identifying these signs early on is essential to addressing and preventing further harm.
Moreover, systemic discrimination within organizations may perpetuate inequalities across hiring, performance evaluations, and opportunities for advancement. These patterns often go unnoticed but have a profound impact on the morale and well-being of employees.
By educating oneself on the myriad forms employee discrimination can take, individuals can empower themselves to challenge injustice and create a more inclusive workplace culture where everyone feels valued and respected.
Fortunately, laws exist to protect workers from employee discrimination and provide recourse for those who have experienced prejudice or bias in the workplace. Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act are just a few pieces of legislation that safeguard employees’ rights.
These laws prohibit discrimination based on race, color, religion, sex, national origin, age, or disability and ensure that individuals are treated fairly and equitably in hiring, promotion, compensation, and other employment practices. Additionally, the Equal Employment Opportunity Commission (EEOC) enforces these laws and investigates claims of discrimination.
Employees who believe they have been subjected to employee discrimination have the right to file a complaint with the EEOC or take legal action against their employers. Seeking legal counsel and understanding one’s rights under the law are crucial steps in addressing and rectifying discriminatory practices in the workplace.
Standing up against employee discrimination is not just a legal battle; it’s a fight for dignity and respect in the workplace. By staying informed and empowered, every worker can help build a more equitable and just environment for all.
]]>How to improve the hiring process for disabled candidates. Read more.
Five best practices for managing a multigenerational workforce. Read more.
DOL shifts wage data source for occupations. As of July 1, 2024, the Foreign Labor Certification Data Center website is discontinued. Moving forward, employers can find wage data Foreign Labor Application Gateway website.
IRS issues FAQs on educational assistance programs. Read more.
]]>The foundation of equal pay law lies in the principle of non-discrimination, aiming to eliminate discrepancies in remuneration based on gender. These laws mandate that individuals performing substantially similar work should receive equal pay, regardless of their gender.
Moreover, equal pay law extends beyond salary to encompass bonuses, benefits, and other forms of compensation. It serves as a crucial tool in promoting gender equality in the workplace and addressing systemic biases that have historically undervalued the contribution of women.
Through the lens of equal pay law, organizations are held accountable for establishing transparent pay structures and ensuring that gender does not play a role in determining an individual’s earnings. These laws provide a legal framework to challenge and rectify instances of gender-based pay disparities.
Despite the advancements made through equal pay law, challenges persist in closing the gender wage gaps. Deep-rooted societal norms, unconscious biases, and lack of transparency in pay practices continue to impede progress towards parity.
Organizations are gradually recognizing the importance of diversity, equity, and inclusion in fostering a thriving workplace culture. By proactively addressing pay inequities and promoting gender diversity in leadership roles, strides are being made towards narrowing the wage gaps.
The journey towards equality demands ongoing commitment from both public and private sectors. By engaging in dialogue, implementing fair pay policies, and embracing accountability, we can collectively overcome the challenges and advance towards a more equitable future.
Measuring progress in closing gender wage gaps requires a multifaceted approach that goes beyond legislative measures. It calls for cultural shifts, empowerment of marginalized voices, and continuous advocacy for a workplace where every individual is valued and compensated fairly.
Companies play a pivotal role in driving the implementation of equal pay law and fostering an environment of pay equity. By conducting regular pay audits, addressing unconscious biases in performance evaluations, and promoting salary transparency, organizations can actively contribute to narrowing wage differentials.
Moreover, fostering a culture of inclusivity and diversity within the workplace is instrumental in mitigating gender wage disparities. Companies that prioritize equity in compensation and opportunities create a more engaged workforce and enhance their reputation as socially responsible entities.
Embracing data-driven approaches to monitor pay practices, conducting regular gender pay analyses, and establishing clear pathways for reporting instances of pay inequity are essential steps for companies committed to upholding the principles of equal pay law.
By championing transparency, accountability, and proactive measures to eliminate gender-based pay differentials, companies not only comply with legal requirements but also contribute to a workplace where fairness, diversity, and inclusion are paramount.
In conclusion, the journey towards closing gender wage gaps in the workplace is intricately tied to the implementation and reinforcement of equal pay law. By ensuring that all individuals are compensated fairly for their contributions regardless of gender, we pave the way for a more just and equitable future.
]]>EEOC releases promising practices for preventing harassment in the construction industry. Read more.
Five best practices for remote worker offboarding. Read more.
Guidance for navigating the EEOC’s Latest Harassment Guidelines. Read more.
The bias problem when using artificial intelligence for hiring. Read more.
]]>Harassment and unfair treatment due to factors like race, gender, age, religion, or disability are common in the workplace. Common types of discrimination include racial discrimination, gender discrimination, age discrimination, religious discrimination, and disability discrimination. It’s essential to be aware of these forms of discrimination to recognize and address them if they occur at work.
Watch out for signs of discrimination at your workplace. It could manifest through actions like being treated unfairly or differently due to factors like your race, gender, age, or disability. Discrimination may also show up in comments or jokes that make you feel uncomfortable or targeted. Monitor changes in how you are treated and trust your instincts if something feels off. Taking note of these signs can help you address discrimination effectively and seek the support you need.
When facing discrimination at work, it’s important to first speak directly to the person engaging in discriminatory behavior. Make sure to clearly communicate how their actions are affecting you and request that they stop. If the behavior persists, reach out to your HR department to file a formal complaint. Document all instances of discrimination, including dates, times, and witnesses. If necessary, seek legal advice from an employment lawyer to understand your rights and options for further action. Remember, addressing discrimination promptly and assertively is crucial to creating a safe and inclusive work environment for yourself and your colleagues.
Employment discrimination laws safeguard employees from unfair treatment at work. These laws protect employees based on characteristics like race, gender, age, and disability. If you face discrimination, you have rights. Here are a few key points to remember:
If you are facing discrimination at work, it is crucial to take certain steps to protect your rights. Here are some actions you can consider:
If you’re facing discrimination at work, you can report it to HR or management. It’s important to document the incidents with specific details like dates, times, and witnesses. You should also make sure to follow your company’s policies and procedures for reporting discrimination. Remember that it is your right to work in a safe and inclusive environment, and reporting discrimination is a step towards ensuring that.
When facing employee discrimination, it’s essential to seek support and resources to understand your rights and options. Here are some steps you can take:
Remember, you are not alone, and there are resources available to help you navigate through this challenging situation.
When facing employee discrimination at work, understanding the investigation process is crucial. Here are some key points to keep in mind:
When facing workplace discrimination, knowing your rights is crucial. Understanding anti-discrimination laws can empower you to take action. Here are ways to empower yourself in the face of workplace discrimination:
Remember, you have the right to a discrimination-free workplace, and taking steps to empower yourself can lead to positive outcomes.
]]>In a world striving for inclusivity, the workplace remains a battlefield for many facing the harsh reality of employee discrimination. Understanding the signs, legal protections, and ways to combat this issue is crucial for every worker seeking fairness and equality.
Employee discrimination can manifest in various forms, from subtle behaviors to overt actions that undermine an individual’s rights and dignity. It may include unequal pay, denial of promotions, harassment based on race, gender, or age, or even exclusion from important projects or meetings.
In some cases, employee discrimination rears its head through microaggressions, such as offhand comments, stereotypes, or biases that create a hostile or unwelcoming work environment. Identifying these signs early on is essential to addressing and preventing further harm.
Moreover, systemic discrimination within organizations may perpetuate inequalities across hiring, performance evaluations, and opportunities for advancement. These patterns often go unnoticed but have a profound impact on the morale and well-being of employees.
By educating oneself on the myriad forms employee discrimination can take, individuals can empower themselves to challenge injustice and create a more inclusive workplace culture where everyone feels valued and respected.
Fortunately, laws exist to protect workers from employee discrimination and provide recourse for those who have experienced prejudice or bias in the workplace. Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act are just a few pieces of legislation that safeguard employees’ rights.
These laws prohibit discrimination based on race, color, religion, sex, national origin, age, or disability and ensure that individuals are treated fairly and equitably in hiring, promotion, compensation, and other employment practices. Additionally, the Equal Employment Opportunity Commission (EEOC) enforces these laws and investigates claims of discrimination.
Employees who believe they have been subjected to employee discrimination have the right to file a complaint with the EEOC or take legal action against their employers. Seeking legal counsel and understanding one’s rights under the law are crucial steps in addressing and rectifying discriminatory practices in the workplace.
Standing up against employee discrimination is not just a legal battle; it’s a fight for dignity and respect in the workplace. By staying informed and empowered, every worker can help build a more equitable and just environment for all.
]]>Workplace discrimination can come in various forms, such as age, gender, race, disability, and sexual orientation discrimination. It’s essential to recognize these types to protect your rights in the workplace. Be aware of any unfair treatment based on these factors to ensure a fair and inclusive work environment.
Employment laws provide essential protections for employees in the workplace. Here are some key legal protections to be aware of:
Understanding these legal protections is crucial for navigating workplace fairness effectively.
Employment rights are important, and knowing how to protect them can make a big difference in your work life. Here are some simple strategies to ensure fair treatment at your workplace:
By being proactive and informed, you can actively work towards creating a fair and respectful work environment for yourself.
Understanding your workplace’s policies and procedures is crucial for protecting your rights as an employee. Here are some strategies to help you navigate them effectively:
Pay attention to how you’re treated at work. Unfair treatment can come in various forms like being excluded from important meetings or decisions, ridiculed in front of others, or consistently assigned menial tasks below your expertise. Look out for sudden changes in how you’re treated compared to your colleagues, repeated criticism without constructive feedback, or being left out of opportunities for advancement. If you notice these signs, it’s crucial to address them early on to protect your rights at work.
If you experience any workplace violations, it’s crucial to report them promptly. Contact your HR department or supervisor to address the issue. Additionally, seek guidance from legal resources such as employment lawyers or labor rights organizations. Remember, protecting your employment rights is essential, and seeking help is a proactive step towards ensuring workplace fairness.
Employment disputes at work can be stressful, but there are effective ways to handle them. First, try to resolve the issue directly with your colleague or supervisor. If that doesn’t work, consider discussing the matter with HR or a trusted manager. Document any incidents or conversations related to the dispute. Remember, it’s important to stay professional and keep communication clear throughout the process.
Having proper documentation and evidence is crucial when it comes to protecting your employment rights. It serves as proof of any incidents or issues that may arise in the workplace. Here’s why documentation and evidence are important:
By maintaining thorough documentation and gathering solid evidence, you can better protect your rights and advocate for fairness in the workplace.
Employment laws are designed to protect you in the workplace. Knowing your rights empowers you to ensure fairness and accountability in your job. By understanding these laws and how they apply to your situation, you can advocate for yourself effectively. Remember, your workplace should be a safe and fair environment for all employees.
]]>Three ways AI can bridge the generation gap in the workplace. Read more.
The US Supreme Court confirmed a more stringent test for how requests for injunctive relief under the National Labor Relations Act. Read more.
More fathers are taking paternal leave. Learn more.
]]>Employee discrimination is when unfair treatment happens at work based on characteristics such as race, gender, age, or disability. It is illegal to discriminate against employees in hiring, firing, promotions, pay, or any other work-related issues. Understanding employee discrimination is crucial to recognizing when it occurs and knowing how to address it. Keep an eye out for signs of discrimination, such as being treated differently than others or facing unfair obstacles in your job. It’s essential to be aware of your rights and know how to take action to protect yourself from discriminatory practices.
The foundation of equal pay law lies in the principle of non-discrimination, aiming to eliminate discrepancies in remuneration based on gender. These laws mandate that individuals performing substantially similar work should receive equal pay, regardless of their gender.
Moreover, equal pay law extends beyond salary to encompass bonuses, benefits, and other forms of compensation. It serves as a crucial tool in promoting gender equality in the workplace and addressing systemic biases that have historically undervalued the contribution of women.
Through the lens of equal pay law, organizations are held accountable for establishing transparent pay structures and ensuring that gender does not play a role in determining an individual’s earnings. These laws provide a legal framework to challenge and rectify instances of gender-based pay disparities.
Despite the advancements made through equal pay law, challenges persist in closing the gender wage gaps. Deep-rooted societal norms, unconscious biases, and lack of transparency in pay practices continue to impede progress towards parity.
Organizations are gradually recognizing the importance of diversity, equity, and inclusion in fostering a thriving workplace culture. By proactively addressing pay inequities and promoting gender diversity in leadership roles, strides are being made towards narrowing the wage gaps.
The journey towards equality demands ongoing commitment from both public and private sectors. By engaging in dialogue, implementing fair pay policies, and embracing accountability, we can collectively overcome the challenges and advance towards a more equitable future.
Measuring progress in closing gender wage gaps requires a multifaceted approach that goes beyond legislative measures. It calls for cultural shifts, empowerment of marginalized voices, and continuous advocacy for a workplace where every individual is valued and compensated fairly.
Companies play a pivotal role in driving the implementation of equal pay law and fostering an environment of pay equity. By conducting regular pay audits, addressing unconscious biases in performance evaluations, and promoting salary transparency, organizations can actively contribute to narrowing wage differentials.
Moreover, fostering a culture of inclusivity and diversity within the workplace is instrumental in mitigating gender wage disparities. Companies that prioritize equity in compensation and opportunities create a more engaged workforce and enhance their reputation as socially responsible entities.
Embracing data-driven approaches to monitor pay practices, conducting regular gender pay analyses, and establishing clear pathways for reporting instances of pay inequity are essential steps for companies committed to upholding the principles of equal pay law.
By championing transparency, accountability, and proactive measures to eliminate gender-based pay differentials, companies not only comply with legal requirements but also contribute to a workplace where fairness, diversity, and inclusion are paramount.
In conclusion, the journey towards closing gender wage gaps in the workplace is intricately tied to the implementation and reinforcement of equal pay law. By ensuring that all individuals are compensated fairly for their contributions regardless of gender, we pave the way for a more just and equitable future.
]]>Collective bargaining can counteract intrusive workplace surveillance. Read how here.
On May 24, 2020, the US Supreme Court held that courts should stay – rather than dismiss – a lawsuit after compelling arbitration. Read more here.
Unlimited PTO: What Are the Pros and Cons? While getting as much paid vacation as you want sounds ideal, there’s more to this workplace benefit than first meets the eye – and it has generated plenty of controversy in organizations. Read more here.
Longevity and the inclusive workplace. Office layout could be the key to making multiple generation workplaces more inclusive. Read more here.
]]>Being prepared for mediation can significantly increase your chances of reaching a favorable resolution. Research shows that individuals who thoroughly prepare for mediation sessions are more likely to achieve mutually satisfying agreements. By understanding your desired
outcomes, gathering relevant documents, and practicing effective communication skills, you can actively contribute to a successful mediation process.
Mediation can help resolve workplace conflicts effectively by providing a neutral space for both parties to communicate and find mutually beneficial solutions. Some benefits of mediation for employees include:
During dispute mediation, it’s crucial to gather all the necessary information and documents to support your case. Make sure to collect any emails, messages, or written communications related to the dispute. Keep records of any relevant documents, such as contracts, policies, or performance evaluations. Prepare a timeline of events leading up to the dispute to provide clarity. Having all the information ready will strengthen your position during the mediation process and help you effectively communicate your perspective.
To prepare for dispute mediation, start by identifying your interests and goals. Interests are what you care about and why, while goals are what you want to achieve from the mediation process. Understand what you need, what you want, and what you are willing to compromise on. By being clear on your interests and goals, you can effectively communicate your needs during the mediation session and work towards a resolution that aligns with what matters most to you.
To choose the right mediator for your dispute mediation, consider their experience and expertise in conflict resolution. Look for someone who is impartial and neutral, with good communication
skills. A mediator who creates a comfortable environment for both parties to express their concerns is essential. Ensure that the mediator has training and certification in mediation, which indicates they have the necessary skills to help resolve conflicts effectively. Lastly, trust your instincts when selecting a mediator, as a good fit can make the mediation process smoother and more successful.
Your attorney can provide valuable guidance and support throughout the mediation process. They can help you understand your rights, review any documents related to the dispute, and prepare you for the mediation session. Your attorney will represent your interests and ensure that your voice is heard during the discussions. It’s important to communicate openly with your attorney and provide them with all relevant information to strengthen your case. Remember, your attorney is your advocate, so working closely with them can increase the likelihood of reaching a favorable resolution.
Communication is key during dispute mediation. Before the mediation session, it’s essential to practice active listening to understand the other party’s perspective. Express your thoughts clearly and concisely, focusing on the main points. Maintain a calm and respectful tone to facilitate productive dialogue. Avoid interruptions and allow the other party to speak their mind. Use “I” statements to express your feelings without blaming the other party. Effective communication can help both parties work towards a mutually beneficial resolution.
In dispute mediation, exploring potential solutions is a crucial step. It involves considering different ways to resolve the conflict peacefully. Some common solutions include:
By exploring these potential solutions, you can find the most suitable approach to address the dispute effectively.
Once the mediation process is complete, the mediator will usually provide you with a written agreement that outlines the terms both parties have agreed upon. This agreement is legally binding, so make sure you understand all its contents before signing. If the mediation ends in a settlement, this agreement will detail the terms of the settlement. If an agreement is not reached, the mediator may suggest further steps to resolve the dispute, such as arbitration or court proceedings. Remember, the outcome of mediation can vary depending on the circumstances of each case, so it is essential to review the agreement carefully and seek legal advice if needed.
]]>The Equal Employment Opportunity Commission is suing PepsiCo for failing to accommodate and firing a blind employee. The agency is alleges that PepsiCo refused to update software or offer an alternative accommodation. Read more here.
More father’s are taking paternity leave. Read about the top three reasons for this workplace trend here.
Hybrid work arrangements continue to be a challenge for some employers. Learn about how to overcome implementation challenges here.
Artificial intelligence can be used in a number of different areas in the workplace, including human resources, marketing, and operations. The Department of Labor recently issued guidance on artificial intelligence and worker well-being. Learn more here.
]]>Workplace discrimination can come in various forms, such as age, gender, race, disability, and sexual orientation discrimination. It’s essential to recognize these types to protect your rights in the workplace. Be aware of any unfair treatment based on these factors to ensure a fair and inclusive work environment.
Employment laws provide essential protections for employees in the workplace. Here are some key legal protections to be aware of:
Understanding these legal protections is crucial for navigating workplace fairness effectively.
Employment rights are important, and knowing how to protect them can make a big difference in your work life. Here are some simple strategies to ensure fair treatment at your workplace:
By being proactive and informed, you can actively work towards creating a fair and respectful work environment for yourself.
Understanding your workplace’s policies and procedures is crucial for protecting your rights as an employee. Here are some strategies to help you navigate them effectively:
Pay attention to how you’re treated at work. Unfair treatment can come in various forms like being excluded from important meetings or decisions, ridiculed in front of others, or consistently assigned menial tasks below your expertise. Look out for sudden changes in how you’re treated compared to your colleagues, repeated criticism without constructive feedback, or being left out of opportunities for advancement. If you notice these signs, it’s crucial to address them early on to protect your rights at work.
If you experience any workplace violations, it’s crucial to report them promptly. Contact your HR department or supervisor to address the issue. Additionally, seek guidance from legal resources such as employment lawyers or labor rights organizations. Remember, protecting your employment rights is essential, and seeking help is a proactive step towards ensuring workplace fairness.
Employment disputes at work can be stressful, but there are effective ways to handle them. First, try to resolve the issue directly with your colleague or supervisor. If that doesn’t work, consider discussing the matter with HR or a trusted manager. Document any incidents or conversations related to the dispute. Remember, it’s important to stay professional and keep communication clear throughout the process.
Having proper documentation and evidence is crucial when it comes to protecting your employment rights. It serves as proof of any incidents or issues that may arise in the workplace. Here’s why documentation and evidence are important:
By maintaining thorough documentation and gathering solid evidence, you can better protect your rights and advocate for fairness in the workplace.
Employment laws are designed to protect you in the workplace. Knowing your rights empowers you to ensure fairness and accountability in your job. By understanding these laws and how they apply to your situation, you can advocate for yourself effectively. Remember, your workplace should be a safe and fair environment for all employees.
]]>Employee discrimination is when unfair treatment happens at work based on characteristics such as race, gender, age, or disability. It is illegal to discriminate against employees in hiring, firing, promotions, pay, or any other work-related issues. Understanding employee discrimination is crucial to recognizing when it occurs and knowing how to address it. Keep an eye out for signs of discrimination, such as being treated differently than others or facing unfair obstacles in your job. It’s essential to be aware of your rights and know how to take action to protect yourself from discriminatory practices.
Harassment and unfair treatment due to factors like race, gender, age, religion, or disability are common in the workplace. Common types of discrimination include racial discrimination, gender discrimination, age discrimination, religious discrimination, and disability discrimination. It’s essential to be aware of these forms of discrimination to recognize and address them if they occur at work.
Watch out for signs of discrimination at your workplace. It could manifest through actions like being treated unfairly or differently due to factors like your race, gender, age, or disability. Discrimination may also show up in comments or jokes that make you feel uncomfortable or targeted. Monitor changes in how you are treated and trust your instincts if something feels off. Taking note of these signs can help you address discrimination effectively and seek the support you need.
When facing discrimination at work, it’s important to first speak directly to the person engaging in discriminatory behavior. Make sure to clearly communicate how their actions are affecting you and request that they stop. If the behavior persists, reach out to your HR department to file a formal complaint. Document all instances of discrimination, including dates, times, and witnesses. If necessary, seek legal advice from an employment lawyer to understand your rights and options for further action. Remember, addressing discrimination promptly and assertively is crucial to creating a safe and inclusive work environment for yourself and your colleagues.
Employment discrimination laws safeguard employees from unfair treatment at work. These laws protect employees based on characteristics like race, gender, age, and disability. If you face discrimination, you have rights. Here are a few key points to remember:
If you are facing discrimination at work, it is crucial to take certain steps to protect your rights. Here are some actions you can consider:
If you’re facing discrimination at work, you can report it to HR or management. It’s important to document the incidents with specific details like dates, times, and witnesses. You should also make sure to follow your company’s policies and procedures for reporting discrimination. Remember that it is your right to work in a safe and inclusive environment, and reporting discrimination is a step towards ensuring that.
When facing employee discrimination, it’s essential to seek support and resources to understand your rights and options. Here are some steps you can take:
Remember, you are not alone, and there are resources available to help you navigate through this challenging situation.
When facing employee discrimination at work, understanding the investigation process is crucial. Here are some key points to keep in mind:
When facing workplace discrimination, knowing your rights is crucial. Understanding anti-discrimination laws can empower you to take action. Here are ways to empower yourself in the face of workplace discrimination:
Remember, you have the right to a discrimination-free workplace, and taking steps to empower yourself can lead to positive outcomes.
]]>Employment rights are rules that protect you at work. They cover things like pay, working hours, and safety at work. You have the right to be treated fairly and have a safe work environment. Knowing your employment rights can help you stand up for yourself if needed. It’s important to understand your rights to ensure you are treated fairly at work.
Workplace discrimination can come in various forms, such as age, gender, race, disability, and sexual orientation discrimination. It’s essential to recognize these types to protect your rights in the workplace. Be aware of any unfair treatment based on these factors to ensure a fair and inclusive work environment.
Employment laws provide essential protections for employees in the workplace. Here are some key legal protections to be aware of:
Understanding these legal protections is crucial for navigating workplace fairness effectively.
Employment rights are important, and knowing how to protect them can make a big difference in your work life. Here are some simple strategies to ensure fair treatment at your workplace:
By being proactive and informed, you can actively work towards creating a fair and respectful work environment for yourself.
Understanding your workplace’s policies and procedures is crucial for protecting your rights as an employee. Here are some strategies to help you navigate them effectively:
Pay attention to how you’re treated at work. Unfair treatment can come in various forms like being excluded from important meetings or decisions, ridiculed in front of others, or consistently assigned menial tasks below your expertise. Look out for sudden changes in how you’re treated compared to your colleagues, repeated criticism without constructive feedback, or being left out of opportunities for advancement. If you notice these signs, it’s crucial to address them early on to protect your rights at work.
If you experience any workplace violations, it’s crucial to report them promptly. Contact your HR department or supervisor to address the issue. Additionally, seek guidance from legal resources such as employment lawyers or labor rights organizations. Remember, protecting your employment rights is essential, and seeking help is a proactive step towards ensuring workplace fairness.
Employment disputes at work can be stressful, but there are effective ways to handle them. First, try to resolve the issue directly with your colleague or supervisor. If that doesn’t work, consider discussing the matter with HR or a trusted manager. Document any incidents or conversations related to the dispute. Remember, it’s important to stay professional and keep communication clear throughout the process.
Having proper documentation and evidence is crucial when it comes to protecting your employment rights. It serves as proof of any incidents or issues that may arise in the workplace. Here’s why documentation and evidence are important:
By maintaining thorough documentation and gathering solid evidence, you can better protect your rights and advocate for fairness in the workplace.
Employment laws are designed to protect you in the workplace. Knowing your rights empowers you to ensure fairness and accountability in your job. By understanding these laws and how they apply to your situation, you can advocate for yourself effectively. Remember, your workplace should be a safe and fair environment for all employees.
]]>Biden Announces NLRB Nominations. Read more here.
How Leaders Can Navigate the Future of AI. AI is changing HR by improving employee experiences and organization operations. Read more here.
Department of Labor Issues Guidance on AI in the Workplace. Read more here.
EEOC Updates Enforcement Guidance on Harassment in the Workplace. Read more here.
]]>When employment disputes cannot be solved through negotiations, they may end up in court. Employment litigation involves resolving conflicts between employers and employees through the legal system. This includes cases related to workplace discrimination, wrongful termination, harassment, and breaches of employment contracts. In these situations, the parties involved present their cases before a judge or jury, who will determine the outcome based on the evidence and applicable laws.
Employment litigation often arises from disputes related to discrimination, harassment, wrongful termination, wage and hour violations, and retaliation. These issues can create a hostile work environment and lead to legal action by employees seeking to protect their rights. Understanding these common problems can help employees recognize when their rights may have been violated and take the appropriate steps to address them.
To protect yourself at work, it’s crucial to know your rights. Understanding your rights can help you identify when they’ve been violated and take action. It ensures you are aware of what you’re entitled to and how to defend yourself if needed. Knowing your rights empowers you to stand up for fair treatment and seek justice when necessary.
If you’re facing employment disputes, there are important steps you can take to protect your rights. Here’s what you can do:
Employment litigation refers to the legal process where an employee takes legal action against their employer for issues related to their employment. This can include disputes over wages, wrongful termination, discrimination, or harassment in the workplace.
In the legal process of employment litigation, the employee typically files a complaint or legal claim against the employer, which can lead to a lawsuit.
During the litigation process, both parties gather evidence, conduct interviews, and may eventually go to trial if a settlement cannot be reached.
If the employee wins the case, they may receive monetary compensation or other remedies as determined by the court. It’s important to understand your rights and the legal process if you find yourself in a situation where employment litigation is necessary.
The key players in employment litigation cases are primarily the plaintiff and the defendant.
In employment litigation cases, the plaintiff is the individual who brings a case against their employer, while the defendant is the employer being accused of wrongdoing.
The plaintiff may be a current or former employee seeking legal recourse for issues such as discrimination, wrongful termination, or harassment.
On the other hand, the defendant represents the employer, which can be a company, organization, or individual, defending themselves against the accusations made by the plaintiff.
There are various types of claims that can arise in employment litigation. Some common ones include discrimination, harassment, wrongful termination, retaliation, and wage disputes. Each of these claims is based on different laws and regulations that protect employees’ rights in the workplace.
Understanding these different types of claims is crucial for protecting your rights as an employee and knowing when to take legal action if you believe your rights have been violated.
The outcome of employment litigation cases can be affected by various factors. Here are some key influencers to consider:
Understanding these factors can help you navigate employment litigation cases more effectively.
If you are facing an employment dispute, there are several ways to protect your rights. Here are some important strategies to consider:
By being proactive and informed, you can better protect your rights during employment disputes.
Empowering yourself with the basics of employment litigation can give you the confidence to stand up for your rights in the workplace. By understanding your rights and the legal process, you can navigate employment disputes with more clarity and assurance. Remember, knowledge is power when it comes to protecting your rights at work.
]]>Dispute mediation is a process where a neutral third party helps employees and employers resolve conflicts peacefully. The mediator does not decide who is right or wrong but assists in finding a mutually acceptable solution. During mediation, both parties get a chance to express their concerns and work towards a resolution together. Key points to remember:
Being prepared for mediation can significantly increase your chances of reaching a favorable resolution. Research shows that individuals who thoroughly prepare for mediation sessions are more likely to achieve mutually satisfying agreements. By understanding your desired
outcomes, gathering relevant documents, and practicing effective communication skills, you can actively contribute to a successful mediation process.
Mediation can help resolve workplace conflicts effectively by providing a neutral space for both parties to communicate and find mutually beneficial solutions. Some benefits of mediation for employees include:
During dispute mediation, it’s crucial to gather all the necessary information and documents to support your case. Make sure to collect any emails, messages, or written communications related to the dispute. Keep records of any relevant documents, such as contracts, policies, or performance evaluations. Prepare a timeline of events leading up to the dispute to provide clarity. Having all the information ready will strengthen your position during the mediation process and help you effectively communicate your perspective.
To prepare for dispute mediation, start by identifying your interests and goals. Interests are what you care about and why, while goals are what you want to achieve from the mediation process. Understand what you need, what you want, and what you are willing to compromise on. By being clear on your interests and goals, you can effectively communicate your needs during the mediation session and work towards a resolution that aligns with what matters most to you.
To choose the right mediator for your dispute mediation, consider their experience and expertise in conflict resolution. Look for someone who is impartial and neutral, with good communication
skills. A mediator who creates a comfortable environment for both parties to express their concerns is essential. Ensure that the mediator has training and certification in mediation, which indicates they have the necessary skills to help resolve conflicts effectively. Lastly, trust your instincts when selecting a mediator, as a good fit can make the mediation process smoother and more successful.
Your attorney can provide valuable guidance and support throughout the mediation process. They can help you understand your rights, review any documents related to the dispute, and prepare you for the mediation session. Your attorney will represent your interests and ensure that your voice is heard during the discussions. It’s important to communicate openly with your attorney and provide them with all relevant information to strengthen your case. Remember, your attorney is your advocate, so working closely with them can increase the likelihood of reaching a favorable resolution.
Communication is key during dispute mediation. Before the mediation session, it’s essential to practice active listening to understand the other party’s perspective. Express your thoughts clearly and concisely, focusing on the main points. Maintain a calm and respectful tone to facilitate productive dialogue. Avoid interruptions and allow the other party to speak their mind. Use “I” statements to express your feelings without blaming the other party. Effective communication can help both parties work towards a mutually beneficial resolution.
In dispute mediation, exploring potential solutions is a crucial step. It involves considering different ways to resolve the conflict peacefully. Some common solutions include:
By exploring these potential solutions, you can find the most suitable approach to address the dispute effectively.
Once the mediation process is complete, the mediator will usually provide you with a written agreement that outlines the terms both parties have agreed upon. This agreement is legally binding, so make sure you understand all its contents before signing. If the mediation ends in a settlement, this agreement will detail the terms of the settlement. If an agreement is not reached, the mediator may suggest further steps to resolve the dispute, such as arbitration or court proceedings. Remember, the outcome of mediation can vary depending on the circumstances of each case, so it is essential to review the agreement carefully and seek legal advice if needed.
]]>The EEOC recently issued enforcement guidance on harassment in the workplace. Read more here.
Best practices for negotiating raises and promotions is among the five tips to advocate for your work happiness in this Forbes article. Read more here.
Learn strategies to promote passion and purpose in the workplace from this Fast Company article. Read more here.
New DOL overtime rules go into effect July 1, 2024. Read more here.
]]>Employment rights are rules that protect you at work. They cover things like pay, working hours, and safety at work. You have the right to be treated fairly and have a safe work environment. Knowing your employment rights can help you stand up for yourself if needed. It’s important to understand your rights to ensure you are treated fairly at work.
Workplace discrimination can come in various forms, such as age, gender, race, disability, and sexual orientation discrimination. It’s essential to recognize these types to protect your rights in the workplace. Be aware of any unfair treatment based on these factors to ensure a fair and inclusive work environment.
Employment laws provide essential protections for employees in the workplace. Here are some key legal protections to be aware of:
Understanding these legal protections is crucial for navigating workplace fairness effectively.
Employment rights are important, and knowing how to protect them can make a big difference in your work life. Here are some simple strategies to ensure fair treatment at your workplace:
By being proactive and informed, you can actively work towards creating a fair and respectful work environment for yourself.
Understanding your workplace’s policies and procedures is crucial for protecting your rights as an employee. Here are some strategies to help you navigate them effectively:
Pay attention to how you’re treated at work. Unfair treatment can come in various forms like being excluded from important meetings or decisions, ridiculed in front of others, or consistently assigned menial tasks below your expertise. Look out for sudden changes in how you’re treated compared to your colleagues, repeated criticism without constructive feedback, or being left out of opportunities for advancement. If you notice these signs, it’s crucial to address them early on to protect your rights at work.
If you experience any workplace violations, it’s crucial to report them promptly. Contact your HR department or supervisor to address the issue. Additionally, seek guidance from legal resources such as employment lawyers or labor rights organizations. Remember, protecting your employment rights is essential, and seeking help is a proactive step towards ensuring workplace fairness.
Employment disputes at work can be stressful, but there are effective ways to handle them. First, try to resolve the issue directly with your colleague or supervisor. If that doesn’t work, consider discussing the matter with HR or a trusted manager. Document any incidents or conversations related to the dispute. Remember, it’s important to stay professional and keep communication clear throughout the process.
Having proper documentation and evidence is crucial when it comes to protecting your employment rights. It serves as proof of any incidents or issues that may arise in the workplace. Here’s why documentation and evidence are important:
By maintaining thorough documentation and gathering solid evidence, you can better protect your rights and advocate for fairness in the workplace.
Employment laws are designed to protect you in the workplace. Knowing your rights empowers you to ensure fairness and accountability in your job. By understanding these laws and how they apply to your situation, you can advocate for yourself effectively. Remember, your workplace should be a safe and fair environment for all employees.
]]>When employment disputes cannot be solved through negotiations, they may end up in court. Employment litigation involves resolving conflicts between employers and employees through the legal system. This includes cases related to workplace discrimination, wrongful termination, harassment, and breaches of employment contracts. In these situations, the parties involved present their cases before a judge or jury, who will determine the outcome based on the evidence and applicable laws.
Employment litigation often arises from disputes related to discrimination, harassment, wrongful termination, wage and hour violations, and retaliation. These issues can create a hostile work environment and lead to legal action by employees seeking to protect their rights. Understanding these common problems can help employees recognize when their rights may have been violated and take the appropriate steps to address them.
To protect yourself at work, it’s crucial to know your rights. Understanding your rights can help you identify when they’ve been violated and take action. It ensures you are aware of what you’re entitled to and how to defend yourself if needed. Knowing your rights empowers you to stand up for fair treatment and seek justice when necessary.
If you’re facing employment disputes, there are important steps you can take to protect your rights. Here’s what you can do:
Employment litigation refers to the legal process where an employee takes legal action against their employer for issues related to their employment. This can include disputes over wages, wrongful termination, discrimination, or harassment in the workplace.
In the legal process of employment litigation, the employee typically files a complaint or legal claim against the employer, which can lead to a lawsuit.
During the litigation process, both parties gather evidence, conduct interviews, and may eventually go to trial if a settlement cannot be reached.
If the employee wins the case, they may receive monetary compensation or other remedies as determined by the court. It’s important to understand your rights and the legal process if you find yourself in a situation where employment litigation is necessary.
The key players in employment litigation cases are primarily the plaintiff and the defendant.
In employment litigation cases, the plaintiff is the individual who brings a case against their employer, while the defendant is the employer being accused of wrongdoing.
The plaintiff may be a current or former employee seeking legal recourse for issues such as discrimination, wrongful termination, or harassment.
On the other hand, the defendant represents the employer, which can be a company, organization, or individual, defending themselves against the accusations made by the plaintiff.
There are various types of claims that can arise in employment litigation. Some common ones include discrimination, harassment, wrongful termination, retaliation, and wage disputes. Each of these claims is based on different laws and regulations that protect employees’ rights in the workplace.
Understanding these different types of claims is crucial for protecting your rights as an employee and knowing when to take legal action if you believe your rights have been violated.
The outcome of employment litigation cases can be affected by various factors. Here are some key influencers to consider:
Understanding these factors can help you navigate employment litigation cases more effectively.
If you are facing an employment dispute, there are several ways to protect your rights. Here are some important strategies to consider:
By being proactive and informed, you can better protect your rights during employment disputes.
Empowering yourself with the basics of employment litigation can give you the confidence to stand up for your rights in the workplace. By understanding your rights and the legal process, you can navigate employment disputes with more clarity and assurance. Remember, knowledge is power when it comes to protecting your rights at work.
]]>Workplace justice is crucial for a healthy work environment. When it comes to understanding workplace justice, it’s about ensuring fairness and equality in the workplace. Employees deserve to be treated with respect and have their rights protected. Here are some key points to help you navigate through understanding workplace justice:
By understanding workplace justice, you can create a more respectful and harmonious work environment for everyone.
Common employment disputes include wage disagreements, discrimination, harassment, and wrongful termination. These issues often arise in the workplace and can lead to tension between employees and employers. It is important to address these disputes promptly to maintain a productive work environment.
Employment discrimination is illegal – it involves treating someone unfairly because of their race, color, religion, sex, age, or disability. If you face discrimination at work, you have rights to protect you. Federal laws such as the Civil Rights Act of 1964 and the Americans with Disabilities Act prohibit workplace discrimination. If you feel discriminated against, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). It is important to document any discriminatory actions and seek help from human resources or a legal professional to address the issue properly.
If you are facing harassment at work, it’s important to know your rights and options for addressing the situation. Here are some things to consider:
Employees sometimes face issues related to their pay. This can include problems such as not being paid for all the hours worked or not receiving overtime pay as required by law. Employers must adhere to federal and state wage laws to ensure employees are fairly compensated. Common wage and hour disputes can involve issues like minimum wage violations, unpaid overtime, meal and rest break violations, and misclassification of employees. If you believe your employer is not paying you correctly, it is vital to understand your rights and seek guidance on how to address these disputes effectively.
If you believe you have been wrongfully terminated from your job, it is essential to understand your rights. Here are some steps you can take to address wrongful termination:
Mediation is a process where a neutral third party helps people in conflict to find a resolution together. In the workplace, mediation can be a useful tool to resolve disputes like conflicts between employees or disagreements between employees and managers. It allows parties to communicate their concerns openly and work towards a mutual agreement. Mediation can save time and money compared to a formal legal process.
Arbitration helps resolve workplace disputes outside of court. It’s a process where a neutral third party listens to both sides and makes a decision. Advantages include faster resolutions and confidentiality. However, outcomes can’t be appealed like in court. If your employment contract requires arbitration, you must follow that process before going to court.
Creating a workplace culture that encourages support and positivity among team members is essential for a harmonious environment. Here are some simple yet effective ways to foster a supportive workplace culture:
By prioritizing these strategies, you can cultivate a workplace culture that nurtures support, fosters cooperation, and enhances overall job satisfaction.
Are you facing an issue at work and unsure how to resolve it? Understanding your rights and knowing what steps to take can help you navigate through workplace justice efficiently. Here are some practical tips to help you address common employment disputes:
Workplace justice is crucial for a healthy work environment. When it comes to understanding workplace justice, it’s about ensuring fairness and equality in the workplace. Employees deserve to be treated with respect and have their rights protected. Here are some key points to help you navigate through understanding workplace justice:
By understanding workplace justice, you can create a more respectful and harmonious work environment for everyone.
Common employment disputes include wage disagreements, discrimination, harassment, and wrongful termination. These issues often arise in the workplace and can lead to tension between employees and employers. It is important to address these disputes promptly to maintain a productive work environment.
Employment discrimination is illegal – it involves treating someone unfairly because of their race, color, religion, sex, age, or disability. If you face discrimination at work, you have rights to protect you. Federal laws such as the Civil Rights Act of 1964 and the Americans with Disabilities Act prohibit workplace discrimination. If you feel discriminated against, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). It is important to document any discriminatory actions and seek help from human resources or a legal professional to address the issue properly.
If you are facing harassment at work, it’s important to know your rights and options for addressing the situation. Here are some things to consider:
Employees sometimes face issues related to their pay. This can include problems such as not being paid for all the hours worked or not receiving overtime pay as required by law. Employers must adhere to federal and state wage laws to ensure employees are fairly compensated. Common wage and hour disputes can involve issues like minimum wage violations, unpaid overtime, meal and rest break violations, and misclassification of employees. If you believe your employer is not paying you correctly, it is vital to understand your rights and seek guidance on how to address these disputes effectively.
If you believe you have been wrongfully terminated from your job, it is essential to understand your rights. Here are some steps you can take to address wrongful termination:
Mediation is a process where a neutral third party helps people in conflict to find a resolution together. In the workplace, mediation can be a useful tool to resolve disputes like conflicts between employees or disagreements between employees and managers. It allows parties to communicate their concerns openly and work towards a mutual agreement. Mediation can save time and money compared to a formal legal process.
Arbitration helps resolve workplace disputes outside of court. It’s a process where a neutral third party listens to both sides and makes a decision. Advantages include faster resolutions and confidentiality. However, outcomes can’t be appealed like in court. If your employment contract requires arbitration, you must follow that process before going to court.
Creating a workplace culture that encourages support and positivity among team members is essential for a harmonious environment. Here are some simple yet effective ways to foster a supportive workplace culture:
By prioritizing these strategies, you can cultivate a workplace culture that nurtures support, fosters cooperation, and enhances overall job satisfaction.
Are you facing an issue at work and unsure how to resolve it? Understanding your rights and knowing what steps to take can help you navigate through workplace justice efficiently. Here are some practical tips to help you address common employment disputes:
In the workplace, employees have certain rights that are important to know. These entitlements ensure fair treatment and protection for workers. Here are the top 5 must-know employee entitlements:
Most countries have laws that set the minimum wage employees must be paid. This minimum wage is the lowest amount of money per hour that an employer is legally allowed to pay an employee for their work. It is important to learn about the minimum wage requirements in your area to ensure you are being paid fairly.
Employers commonly provide paid time off and sick leave to their employees, ensuring they have time off from work while still receiving their salary. Here are some essential things to know about paid time off and sick leave:
Employers must provide eligible employees with up to 12 weeks of unpaid leave for specific family and medical reasons. During this time off, your job is protected, meaning your employer cannot fire you for taking this leave. Here are some key points to know about family and medical leave entitlements in the workplace:
Employers are required to provide reasonable accommodations to employees with disabilities under the Americans with Disabilities Act. These accommodations can include modifying work schedules, providing assistive equipment, or adjusting the physical workspace. Employees have the right to request these accommodations to help them perform their job duties effectively. If you believe you need a workplace accommodation, it’s important to communicate with your employer to discuss your needs and explore possible solutions.
]]>
About the Author: Christopher J. Godfrey is the director of the Office of Workers’ Compensation Programs.
This blog originally appeared at the U.S. Dept. of Labor’s blog on May 3, 2024.
Did you know that you may be eligible for workers’ compensation benefits for a mental health injury or illness resulting from work?
Studies show that 30-50% of adults have a mental illness at some point in their life, while the myriad effects of the COVID-19 pandemic caused a significant increase in conditions such as anxiety, depression and substance abuse. The American Psychological Association (APA) reports that 57% of workers experienced work-related stress showing signs of workplace burnout.
May is Mental Health Awareness Month – it’s important for workers to know that they may be able to receive compensation for lost wages and medical treatment related to an emotional or mental health condition that was caused or aggravated by their employment and diagnosed by an appropriate medical professional.
State Differences in Coverage
Workers’ compensation laws vary from state to state and most workers are eligible for workers’ compensation benefits depending on where they live and work. These state differences include what conditions are covered, how much a worker can receive in benefits, for how long and how exactly to complete the claim.
As of January 2022, the Workers’ Compensation Research Institute (WCRI) documented that 36 states covered mental stress claims when unrelated to a physical injury and 49 states covered mental illness from cumulative, repeat trauma in work to some extent. Currently, Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Montana, Ohio, Oklahoma and Texas do not cover mental health injuries on their own for most workers.
To find out whether mental health conditions are covered in a particular state, a worker should contact their state’s workers’ compensation agency.
Coverage for First Responders
One group of workers who have more access to workers’ compensation benefits for workplace mental injuries are first responders. The COVID-19 pandemic caused many policymakers to think about how to better serve those on the front lines of the public health response, especially first responders such as firefighters, EMTs and law enforcement.
The National Council of Compensation Insurance (NCCI) noted in their 2023 Regulatory and Legislative Trends Report that 86 bills were introduced across the country on the subject of workplace-related mental injuries, including 71 related to post-traumatic stress and many related to first responders. In 2023, Connecticut expanded workers’ compensation coverage for workers with post-traumatic stress injuries, while Idaho, Missouri, Nevada, Tennessee, Virginia and Washington all enacted laws which made it easier for first responders to get care for PTSD developed on the job and similar conditions.
The reasons for this are clear. A 2018 report by the Substance Abuse and Mental Health Services Administration found that first responders are 50% more likely to suffer post-traumatic stress conditions than the national average. A 2021 NCCI report noted that 75% of all COVID-19 related workers’ compensation claims were submitted by healthcare professionals and first responders. Most recently, a 2022 survey found that more than 1/3 of nurses planned to leave their jobs because of burnout and work-related stress, and 65% of nurses reported they had been verbally or physically attacked on the job.
I expect that states around the country will continue to adjust their workers’ compensation laws related to mental health injuries as the relationship between workplace accidents and exposures and mental health and wellness becomes increasingly clear. Every worker deserves the financial security of workers’ compensation benefits when injured or sickened on the job, including for mental and emotional conditions.
Visit Workplace Fairness to learn more about labor laws related to workplace health and safety.
]]>This page provides answers to the following questions:
Why might I need a lawyer to handle a employment-related problem?
To fully enforce state and federal laws protecting employees against illegal actions by their employers, you will need an attorney in many situations where you have a serious problem with your employer and need to take legal action. Most attorneys representing employees do so because they understand that non-unionized employees are relatively powerless against employers.
While you may be caught up in a serious employment dispute only once or twice in your lifetime, some larger employers and their attorneys handle many employment disputes every single day. Most employers have much more experience and resources than you to evaluate and handle claims. An employee who has not consulted an attorney can be at a real disadvantage.
Succeeding in an employment lawsuit without a lawyer (called filing “pro se”) is virtually impossible. Besides knowing the law (only some of which is covered elsewhere on this website) and the associated court procedures, an attorney will know what information you need to win, how to get it, how to present witnesses and documents to the court and jury, and how to prevent a company and its attorneys from using unfair tactics to win the case. Don’t make the mistake of thinking that you will win and save yourself some attorneys fees by taking the case to trial by your self. You could end up with nothing. Worse, you might end up having to pay your employer for the expenses they incurred in defending your lawsuit.
Do I need to talk to a lawyer right away?
Here are some of the situations in which you are strongly encouraged to speak with an attorney immediately:
If you delay contacting an attorney, you will not know what you may be able to do to prevent your situation from worsening and you may not properly document events as they occur. Because it is your burden to prove an illegal motive, such as discrimination or retaliation, you must document the evidence that supports your claims. If you fail to document events as they happen, later you may not have the evidence necessary to prove your case. You need documents or a witness to confirm facts and events. If it is your word against your manager’s word, it will be very difficult to prove your claim.
Example: if you are given a poor job evaluation, placed on a “performance improvement plan” and then threatened with termination, an attorney will help you to evaluate your possible claims and how to document your case. Usually, the employer is very experienced at documenting poor performance to defend itself against claims. However, by documenting events in a way that refutes the reasons for the adverse action, the employer may back off.
Without legal help early on, you may not be prepared to counter the employer’s stated reason for your poor evaluation or termination.
Bring mental health experts into the workplace
Foster an environment where employees feel comfortable discussing their challenges and needs
Empower employees
Be a visible leader
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This blog, written by the Bureau of Labor Statistics, originally appeared on the U.S. Dept. of Labor blog on April 5, 2024.
Space exploration impacts industries across the globe, including healthcare, agriculture, telecommunications and climate management. Astronauts may be the best-known space workers, but they hold few of the jobs. The logistics of space missions require a large team of workers with a variety of skills and training backgrounds.
If you’re interested in space, you could channel that curiosity into a growing career in a variety of related fields. Below we’re highlighting 10 occupations you’ll find within the space sector – and beyond. These occupations all offer above-average projected growth and good pay.
Employment growth, projected 2022-32: 6% (faster than average)
Median annual wage, 2023: $130,720
Typical entry-level education: Bachelor’s degree
Number of jobs, 2022: 63,800
Occupational openings, projected 2022–32 annual average: 3,800
Employment growth, projected 2022–32: 5% (faster than average)
Median annual wage, 2023: $149,530
Typical entry-level education: Doctoral or professional degree
Number of jobs, 2022: 23,600
Occupational openings, projected 2022–32 annual average: 1,500
Employment growth, projected 2022–32: 6% (faster than average)
Median annual wage, 2023: $78,980
Typical entry-level education: Bachelor’s degree
Number of jobs, 2022: 80,500
Occupational openings, projected 2022–32 annual average: 6,900
Employment growth, projected 2022-32: 32% (much faster than average)
Median annual wage, 2023: $120,360
Typical entry-level education: Bachelor’s degree
Number of jobs, 2022: 168,900
Occupational openings, projected 2022–32 annual average: 16,800
Employment growth, projected 2022-32: 18% (much faster than average)
Median annual wage, 2023: $79,400
Typical entry-level education: Bachelor’s degree
Number of jobs, 2022: 208,700
Occupational openings, projected 2022–32 annual average: 21,800
Employment growth, projected 2022-32: 32% (much faster than average)
Median annual wage, 2023: $104,110
Typical entry-level education: Master’s degree
Number of jobs, 2022: 33, 300
Occupational openings, projected 2022–32 annual average: 3, 300
(And despite what you may have seen in the movies, no plant scientist has ever been stranded on Mars.)
Employment growth, projected 2022–32: 5% (faster than average)
Median annual wage, 2023: $68,240
Typical entry-level education: Bachelor’s degree
Number of jobs, 2022: 17,200
Occupational openings, projected 2022–32 annual average: 1,400
Not all of these careers require a bachelor’s or graduate degree. Here are three space-related occupations you can enter with less than a 4-year degree.
For example, they might help to conduct a rocket test and compare the results with objectives.
Employment growth, projected 2022–32: 8% (faster than average)
Median annual wage, 2023: $77,830
Typical entry-level education: Associate’s degree
Number of jobs, 2022: 10,200
Occupational openings, projected 2022–32 annual average: 1,000
Employment growth, projected 2022–32: 6% (faster than average)
Median annual wage, 2023: $57,300
Typical entry-level education: Postsecondary nondegree award
Number of jobs, 2022: 415,800
Occupational openings, projected 2022–32 annual average: 37,700
Employment growth, projected 2022–32: 15% (much faster than average)
Median annual wage, 2023: $61,420
Typical entry-level education: High school diploma or equivalent
Number of jobs, 2022: 402,200
Occupational openings, projected 2022–32 annual average: 39,200
Check out these and hundreds of other occupations in the Bureau of Labor Statistics’ Occupational Outlook Handbook, or by downloading the CareerInfo app.
The space sector will be responsible for powering the next generation of space exploration, research, and innovation. Good jobs right here on earth are required to make that happen, from advanced manufacturing to quality control to maintenance and beyond.
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About the Author: Katie Brenneman is a passionate writer specializing in lifestyle, mental health, and education When she isn’t writing, you can find her with her nose buried in a book or hiking with her dog, Charlie. To connect with Katie, you can follow her on Twitter.
This blog was contributed directly to Workplace Fairness on May 1, 2024.
As a small business owner, you may feel excited about launching your venture and successfully bringing it to life. But as your company grows, so do the responsibilities and challenges of managing employees. From legal requirements to ensuring safety, it’s important to be informed and prepared to handle the changes that come with expansion.
This guide will share practical strategies for balancing growth and protecting your team in the process.
Small business owners must consider and familiarize themselves with the legal requirements for expanding their company into new locations. You should do this, no matter how your business is expanding, or the type of business you’re considering for a second location. No matter how small your second location may be, the following considerations will keep expansion growing:
Failure to comply with these requirements can result in fines, penalties, and potential harm to your employees.
To ensure the protection and fair treatment of your employees, it’s essential to be aware of the following legal requirements:
Additionally, you may need to hire more workers or present new benefits such as health insurance. In this case, it’s essential to have a solid understanding of the Affordable Care Act (ACA) and its requirements for small companies.
The ACA demands corporations with 50 or more full-time staff to provide health insurance benefits. Organizations with fewer than 50 members are not required but may be eligible for tax credits if they choose to offer health benefits.
When small companies reach certain growth milestones, the subject of employee unionization might arise. Company leaders must understand the legal rights of their associates and the implications of union presence.
The National Labor Relations Act (NLRA) ensures private sector employees have the right to organize into unions, bargain collectively, and engage in activities for mutual aid or protection. However, some states, such as Georgia, Texas, and North Carolina, have laws that limit or prohibit private-sector collective bargaining in certain industries.
Fostering open communication and embracing unions can help grow your small business by promoting fair wages and benefits for your staff.
While many small business owners already put so much thought into expansion or protecting employee rights, they should put as much thought into making your workplace positive and enjoyable as well as safe. This separates businesses that are simply staying afloat and those that are truly expanding. Here are some ways to do that:
Recently, flexible work arrangements have become increasingly important for workers due to the freedom and work-life balance they offer. Small businesses can attract and retain quality employees by offering flexible schedules, unlimited paid time off, and paid sick days, allowing staff members to care for themselves and their families properly.
One significant stressor for organizations and employees alike is the safety of employee data. Before expanding, it’s essential to create a plan and communicate with employees about how secure documents should be destroyed and kept when opening new locations.
Proper record retention and destruction practices are critical to safeguarding workers’ personal information, preventing identity theft, and avoiding legal repercussions.
Mental health issues continue to be a great concern in the workforce. Implementing an Employee Assistance Program (EAP) or offering mental health resources can aid employees in managing stress, anxiety, and other problems that may occur while scaling an organization.
A simple way to support your team is by providing access to therapy or counseling services. You can also foster an environment that inspires open communication and destigmatizes mental health discussions.
Implementing these strategies during your company’s growth can help you maintain legal compliance, protect the safety and rights of your employees, and foster a positive work culture.
]]>In a society where the line between justice and punishment is often blurred, understanding and advocating for the rights of those behind bars is more critical than ever. This page addresses federal law related to issues surrounding the rights of incarcerated persons, from fair treatment and access to healthcare to rehabilitation and reintegration into society. Depending on your state, there may be additional state law regarding labor protections for incarcerated individuals, which are not covered in this section.
1. Can incarcerated people be forced to work? What work an incarcerated person can be constitutionally permitted to do depends on whether that person is identified as a prisoner or detainee.
Prisoner:
A prisoner who has been convicted of a misdemeanor or felony can be forced to do a wide range of job functions. This applies to individuals who are appealing a court’s decision in their underlying criminal case.
Detainee:
In general, detainees cannot be forced to do most types of work. However, most courts also find that it is not unconstitutional for a jail to force a detainee to do some “general housekeeping chores” (e.g., distributing meals, scrubbing dishes, doing laundry, cleaning common areas like showers or hallways, taking out trash, etc).
Some courts have held that a detainee can be required to perform only “personally-related chores” that are “reasonably related to the [detainee’s] housekeeping or personal hygienic needs.” Unfortunately, courts have disagreed on whether this means only having to clean in and around an detainee’s cell or general chores related to the common areas that serve the entire detention center or jail.
It is important to understand that a working incarcerated individual is not considered an employee of the prison. Unless a state law requires compensation, prisons have no requirement to pay an incarcerated individual for their labor. Work programs in prisons and jails are considered “rehabilitation programs” that help incarcerated individuals build skills.
2. What types of work exists for incarcerated persons?
According to a 2022 report by the ACLU and the Global Human Rights Clinic at The University of Chicago Law School, prison work can be divided into six primary categories, but five of them are most relevant.
Incarcerated persons work for the upkeep of the facility.
Incarcerated persons produce goods and services for sale to state agencies/companies.
Incarcerated persons work on public work projects for states, cities, and nonprofits.
Incarcerated persons work for private companies producing goods sold to the general public or other private companies.
Incarcerated persons do agricultural work, which cuts across several of these categories.
3. Do I have a right to employment if I want a job?
No. There is no requirement that a prison or jail supply you with a job. Incarcerated persons and jails may not, however, be allowed to refuse to give you a job as a means to retaliate or discriminate against you. For more information on anti-discrimination protections for incarcerated persons. See Question 6. For more information on retaliation, see Question 9.
4. Do I have the right to choose the type of job I get?
You do not have a right to choose a particular job. That being said, an incarcerated person may not be able to deny you a particular job assignment in order to discriminate against you. See Question 6 for more information on anti-discrimination protections.
5. What wages am I entitled to for my labor?
Most likely, you do not have the right to be paid minimum wage for your work while in prison. Almost all labor performed within a prison or jail, even for an outside company, is not protected by minimum wage laws.
If you work outside the prison for a private employer, there is a very small chance that you might be able to receive minimum wage. If you are paid directly by the private employer and there is not a prison officer supervising your work, there is a chance that you fall under employee protections including minimum wage.
6. What anti-discrimination protections exist in the prison-labor context?
Even while you are in prison, you still have constitutional rights. For incarcerated laborers, this means that a prison cannot exclude you from particular job assignments because of your identity. There are court decisions that prevent prisons from discriminating on the basis of race, age, disability, or sexual orientation in determining work assignments.
Furthermore, incarcerated persons with disabilities are protected by the Americans With Disabilities Act (ADA) and The Rehabilitation Act of 1973. Incarcerated persons with a wide range of disabilities are allowed to ask the prison to provide them with a reasonable modification to access programming that their disability otherwise prevents them from being able to participate in. This means that if your disability prevents you from being able to perform a particular job without a reasonable change to it, you can ask the prison to make that change. However, a prison may be able to reject the job modification if your disability could be a direct threat to others, your modification would fundamentally alter the job, or if your modification would cause undue administrative or financial burdens.
7. Do I have a right to organize and/or form a union?
Incarcerated persons do not have a right under the First Amendment to form labor unions. Not only can prisons prohibit incarcerated persons from organizing a union, but they are also allowed to discipline incarcerated persons for individually or collectively engaging in work stoppages or for protesting prison regulations with work stoppages. Prison officials might even be able to discipline incarcerated persons just for possessing written material that encouraged engaging in work stoppages and other disruptive behavior.
8. What federal workplace safety protections is the prison expected to enforce?
Federal workplace protections established by agencies, like the Occupational Safety and Health Administration (OSHA), and laws, like the Fair Labor Standards Act (FLSA), generally do not apply to incarcerated persons. Any workplace protections that might cover incarcerated persons would primarily come from the state law where the incarcerated person is incarcerated or guidelines set by the specific correctional facility in which an incarcerated person is being held. These protections vary significantly across states and correctional facilities.
If a workplace condition in prison is so hazardous, it could violate the prohibition on cruel and unusual punishment in the Eighth Amendment to the U.S. Constitution. In the rare cases where a court found that a prisoner’s workplace safety experience was dangerous enough to violate the Eighth Amendment, the incarcerated person had to show that the prison officials knew of the substantial workplace safety harms and intentionally disregarded them (e.g., making an incarcerated person use a chainsaw to cut a tree without any training).
9. Do I have any protection against retaliation?
An incarcerated person cannot legally retaliate against you for exercising a constitutional right. Although you do not have a right to a particular job (or to any job at all), it is possible that a prison cannot fire you from your job in response to you filing a grievance. It is less clear whether a prison can transfer you to a different job in response to filing a grievance, because some courts have held that this is allowed but others have held that it is not. This might depend on the nature and duration of the new job assignment.
10. What rights do workers have in immigration detention centers?
The law around labor rights in immigrant detention centers is still developing. It is possible that immigrant detention centers cannot force or pressure detainees to work. Immigration detainees who choose to work, however, might not be entitled to be paid minimum wage. Whether you are entitled to minimum wage or not in these centers might depend on what state you are in. For example, immigrant detainee workers may be entitled to minimum wage in Washington state, but not in Colorado.
11. I think my rights have been violated. What should I do?
In almost all cases, the first step will be to file a complaint through the prison’s internal grievance system. It is crucial to be aware of any deadlines that your institution has in place to file a grievance. If you do not go through the entire administrative grievance process before filing a lawsuit, it is likely that your claim will be dismissed.
If you are unhappy with the outcome of the grievance process, it is possible that you could file a lawsuit against the prison or prison officials involved. There are, however, a lot of barriers in place that make it challenging for prisoners to pursue legal action. For more information on prison litigation, see this ACLU Fact Sheet for more information on incarcerated person litigation.
This blog originally appeared at the U.S. Dept. of Labor’s blog on April 2, 2024.
About the Author: Dustin Riles is an economist in the Bureau of Labor Statistics. Follow BLS on X @BLS_gov.
In the United States, employment in healthcare occupations makes up about 10% of total employment. And according to the Bureau of Labor Statistics, overall employment in healthcare occupations is projected to grow much faster than the 3% average for all occupations from 2022 to 2032.
We’re highlighting 10 healthcare occupations with employment that is projected to grow faster than the average from 2022 to 2032, and that have a median annual wage higher than the average for all occupations in 2022 of $46,310. They require different levels of education for entry, ranging from a postsecondary nondegree award to a doctoral degree.
Median annual wage, 2022: $82,680
Employment growth, projected 2022-32: 11% (much faster than average)
Number of jobs, 2022: 14,400
Typical entry-level education: Doctoral degree
Median annual wage, 2022: $51,350
Employment growth, projected 2022-32: 10% (much faster than average)
Number of jobs, 2022: 16,500
Typical entry-level education: Bachelor’s degree
Median annual wage, 2022: $125,900
Employment growth, projected 2022-32: 38% (much faster than average)
Number of jobs, 2022: 323,900
Typical entry-level education: Master’s Degree
Median annual wage, 2022: $125,590
Employment growth, projected 2022-32: 9% (much faster than average)
Number of jobs, 2022: 43,400
Typical entry-level education: Doctoral degree
Median annual wage, 2022: $49,090
Employment growth, projected 2022-32: 5% (faster than average)
Number of jobs, 2022: 98,300
Typical entry-level education: Postsecondary nondegree award
Median annual wage, 2022: $97,720
Employment growth, projected 2022-32: 15% (much faster than average)
Number of jobs, 2022: 246,800
Typical entry-level education: Doctoral degree
Median annual wage, 2022: $126,010
Employment growth, projected 2022-32: 27% (much faster than average)
Number of jobs, 2022: 148,000
Typical entry-level education: Master’s degree
Median annual wage, 2022: $81,220
Employment growth, projected 2022-32: 6% (faster than average)
Number of jobs, 2022: 3,172,500
Typical entry-level education: Bachelor’s degree
Median annual wage, 2022: $70,540
Employment growth, projected 2022-32: 13% (much faster than average)
Number of jobs, 2022:133,100
Typical entry-level education: Associate degree
Median annual wage, 2022: $56,350
Employment growth, projected 2022-32: 5% (faster than average)
Number of jobs, 2022: 128,900
Typical entry-level education: Postsecondary nondegree award
Explore these and hundreds of other occupations in the Occupational Outlook Handbook online or by downloading the CareerInfo app, available for iOS and devices. You’ll also find career exploration and assessment tools at the U.S. Department of Labor’s O*NET Resource Center.
Visit Workplace Fairness to learn about the various rights that healthcare workers have.
]]>This blog originally appeared on the U.S. Dept. of Labor blog on April 3, 2024.
About the Author:
Thea Lee is the deputy undersecretary for international affairs at the U.S. Department of Labor. Follow ILAB on X/Twitter at @ILAB_DOL and on LinkedIn.
Three years ago, a Dalit woman was murdered by her supervisor at a garment factory in India. Her co-workers did not wait for the company to respond. They organized collectively and engaged major global fashion companies, developing an enforceable agreement between the buying companies, the factories and their trade union to identify, remedy and prevent gender-based violence and harassment in their workplaces.
Known as the Dindigul agreement, the initiative established independent monitoring entities and trained female shop floor monitors with special retaliation protections to take immediate action on cases of gender-based violence and harassment. The agreement ensured that there were trusted and reliable grievance mechanisms in place. It also held companies accountable to resolving issues and providing workers access to remedy.
By 2026, companies are projected to spend over $27 billion a year on voluntary social audits to report on labor abuses in their supply chains. Yet, no audit would have stopped the tragedy in India. And in 2013, the Rana Plaza factory collapsed in Bangladesh, killing over 1,100 workers – days after an audit found no problems in the building. Voluntary third-party audits have all too often shown their limitations.
We believe businesses can and must do better. That’s why we’ve released the Responsible Business Conduct and Labor Rights InfoHub, a one-stop shop for information, guidance and tools from the U.S. government and international organizations to support the private sector in integrating labor rights and responsible business practices in their operations and across their global supply chains.
This comes as part of the U.S. government’s second National Action Plan on Responsible Business Conduct, founded on the Biden-Harris administration’s bedrock belief that businesses can have success while doing good, and that governments should create the conditions for responsible business conduct to take place.
The InfoHub provides companies with the knowledge and tools they need to comply with federal statutes, agency rules and trade provisions around responsible business and labor rights. It also makes government reports and advisories easily accessible, so businesses can stay up to date on emerging risks in priority sectors.
The site complements existing due diligence tools the Bureau of International Labor Affairs has created, such as Comply Chain and our List of Goods Produced by Child Labor or Forced Labor. The InfoHub also builds upon ILAB’s commitment to amplifying worker voice as a critical component of worker-centered due diligence.
We urge all stakeholders — from civil society to the C-suite — to use these resources, tools and legal standards to engage in meaningful action, strengthen their due diligence and ensure workers in their supply chains can exercise their internationally recognized rights without fear of retaliation.
We are entering a new era of corporate compliance, one where binding commitments to support worker voice, as we see in the Dindigul agreement, emerge as powerful and viable tools. The businesses at the top of global supply chains have the power to make these agreements widespread and effective and to ensure that workers are at the center of these new processes and institutions. This requires not just standing up new processes to map and track impacts within supply chains, but on concrete, positive outcomes for workers. It requires not just setting up hotlines, apps or suggestion boxes for workers but respecting their rights to organize and bargain collectively.
Through the Responsible Business Conduct and Labor Rights InfoHub and other resources, the U.S. Department of Labor is providing companies with the tools to chart a path forward on meaningful due diligence and bolster the rights and protections of all workers.
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About the Author: Sarah Jaffe is a Type Media Center Fellow, co-host (with Michelle Chen) of Dissent magazine’s Belabored podcast, and a columnist at The Progressive. She was formerly a staff writer at In These Times and the labor editor at AlterNet.
This is a segment of a blog that originally appeared in full at In These Times on April 2, 2024.
The United Auto Workers won many of their demands in their groundbreaking, six-week strike in 2023, but one of them — despite not making it into their new contracts with the Big Three automakers — has the potential to radically shift organized labor’s priorities and unify an often fractious movement in ways not seen in decades.
The demand is for a 32-hour workweek with no loss in pay. From the beginning of the strike, the audacious proposal captured public attention beyond the usual labor watchers because it upends decades-old expectations of what unions should want, signaling the working class has priorities beyond simply holding onto jobs.
The autoworkers had struck at General Motors in 2019, but despite plenty of energy from the rank and file, a doomed leadership led a lackluster action to a contract that was half-heartedly accepted. Before that, it had been decades of concessions.
But in early 2023, democratic reforms in the union swept a new leadership team, under President Shawn Fain, into power with the slogan “No Corruption. No Concessions. No Tiers.” Two-tier status had been a central grievance since the UAW accepted a lower tier for new hires during rampant deindustrialization. At the time, they were told the lower tier was necessary to keep jobs at General Motors, Ford and Chrysler (now owned by Stellantis).
But the companies came screaming back to profitability, and workers on the lower tier were still making less for the same work than their more-senior colleagues.
At that time, mass layoffs or concessions weren’t the only ideas floating around, just the ones that won out politically. Economist Dean Baker suggested in articles during the Great Recession that the government subsidize companies to shorten the workweek, spreading the work among more workers and hiring, rather than firing, during the recession. The Obama administration didn’t bite, unions largely didn’t get on board, and we got a long, slow recovery.
The Covid crisis put the issue of working time back on the table. Many “essential” workers — including a wide swath of manufacturing employees— worked forced overtime and risked their lives and health. Across the country and the world, they decided enough was enough.
“It really made people reflect on what’s important in life,” Fain told me in January. Workers were deciding, he said, that working 12-hour days, seven days a week, cobbling together multiple jobs to scrape by “is not a life.” And so the shorter hours demand made its way from grumbling workers to the UAW’s strike demands to major headlines (“Why a four-day workweek is on the table for automakers,” among so many others).
It was “like a bolt out of nowhere,” said Juliet Schor, an economist and sociologist of work at Boston College who has researched and advocated for shorter hours for decades. “It legitimated [the demand] hugely.” Suddenly, New York Times editorial board member Binyamin Appelbaum was endorsing the call and urging President Joe Biden to act on it for workers across industries. “Americans spend too much time on the job,” Appelbaum wrote. “A shorter workweek would be better for our health, better for our families and better for our employers.”
Fain told me that, initially, the UAW was “laughed at, basically, when we put it out there.” Ford CEO Jim Farley complained to CNN that “if we had done that [four-day week]. … We would have gone bankrupt many years ago. … We’d have to close plants and most people would lose their jobs.”
In other words, it’s not a complete shock that the 32-hour week was not in the contracts the union won. But Fain doesn’t see it as a mere bargaining chip. Rather, it’s the start of a long-term strategy for the union, one he hopes the rest of labor will pick up: “I really felt it was imperative to get the dialogue going again, to try to fight for a shorter workweek and get the public thinking along those lines.”
Work-life balance was on the autoworkers’ minds as the union prepared for bargaining — long hours, overtime (whether voluntary or forced) and the ongoing mental health crisis.
“The ability for an autoworker to provide for a family or even oneself has been more and more difficult,” Charles Mitchell, a veteran Stellantis worker in Detroit, told The Guardian. “All the while companies are becoming more profitable and making shareholders richer while forcing mandatory 60- to 70-hour workweeks in assembly plants.”
“Our work lives and the conditions in this nation, in this world, are what lead to a lot of these mental health issues,” Fain said. “Jobs should bring dignity to people.” Too many people, he said, labor constantly, with no time off for their families or friends or “just pursuing things that you love doing.” People lose hope, he said, when all they do is work.
When he’s talking to high school students at the union’s training center, he talks about the fact that work is a process of selling your time: “The greatest resource that we have on this earth is a human being’s time.” The right wing, he noted, talks about a “right to life” when they’re talking about abortion, but that isn’t the kind of right to life he means.
“That’s a right to birth. They don’t give a damn about life,” he continued. What he wants is “a real right to life, valuing a human being’s time, valuing their health and not just when they’re born, but after they’re born and when they get old and are too old to work, too young to die.”
Learn about workers’ rights related to wages and hours at Workplace Fairness.
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This blog originally appeared at In These Times on April 4, 2024.
About the Author: Hamilton Nolan is a labor writer for In These Times. He has spent the past decade writing about labor and politics for Gawker, Splinter, The Guardian, and elsewhere. More of his work is on Substack.
One interesting side effect of writing a book about unions (as I recently did) is that it makes you more aware that the book industry is, for the most part, not unionized. On one hand: yeah, just like every other industry! On the other hand, there are some glaring reasons to think that the book business — the whole, sprawling chain, from writing to publishing to selling — is overdue for its own big wave of unionization. Book workers, unite! You have nothing to lose but the branded tote bags they give you instead of raises.
Contrary to conventional wisdom, any type of worker, in any type of workplace, in any area can be convinced to organize.
The hard part is just helping people understand exactly what they are losing by not having a union, and what they can do about it. This process of education and empowerment that precedes union drives can be more or less difficult depending on how easily employees can be misled, intimidated, or bought off by management. For these reasons, the sweetest of sweet spots for union organizing is often “overeducated, underpaid workers.” Hmm… where do these sorts of workers work?
You know the answers. These workers, who my former colleagues and I at Gawker used to refer to as the “creative underclass,” can be found in great numbers in academia, in higher education, in journalism and media, and in the high prestige, low pay precincts of the cultural world at museums and other institutions. In other words: in many of the industries that have, in recent years, been feverishly unionizing.
By and large, these workers went to school and got educated as they were told to do — often at fancy schools, which left them in great debt — and then emerged to find that, contrary to all that stuff they had heard about Hard Work and The American Dream, their education did not translate into a decent living.
This basic dynamic, from higher ed to media to the cultural world, has been like Miracle-Gro for union organizing — the one thing that these workers understand can rearrange the power imbalance that is screwing them over.
The book world, though, has been something of an outlier. Writers themselves may very well have passed through unions when they were on campus or working in media, but the permanent workers of the book industry mostly have not. Of the “Big Five” publishers, only HarperCollins is unionized. (My own publisher, Hachette, is not.) Last year, workers at HarperCollins went on strike for more than two months in a fight over the modest demand of a $50,000 per year salary minimum, which gives you a good idea of the industry’s traditionally low wages.
Through all of the past century’s labor uprisings, publishing has largely managed to sustain its ability to leverage its own cultural cachet — a glamorous literary dream job, in dazzling New York City! — to pay peanuts to workers who want to be a part of it. To launch a union drive in a competitive, highly consolidated industry like that always runs the risk of being cast out of the place that you have dreamed to work your whole life. The unionized workers at HarperCollins have therefore been stuck with the heroic but unfair task of carrying the whole industry’s labor standards on their shoulders.
Major publishers are a glaring target for unions. They sit roughly adjacent to the media industry, where unions have been feasting for nearly a decade now, and to the entertainment industry, where unions are more energized than ever after a 2023 characterized by two national strikes. (On top of that, Simon & Schuster, one of the Big Five, was bought by a private equity firm last year, which is always and everywhere a flashing red warning sign for employees to unionize before the financial vultures attack.)
Besides the natural benefit to workers, unionization of publishers is an important part of the long term project of organizing the entire supply chain of American culture. Movies, media, music, books — the things that are, besides bombs, America’s most potent global export — should all be union industries. Otherwise, as Hollywood proves, they will be fully digested by the power of capital.
Helping publishing workers catch up with their unionized counterparts in this swath of the economy makes a great deal of sense for everyone.
The one part of the book industry that has joined the union wave in earnest is book stores. Some of the biggest independent book stores in the country, like The Strand and Powell’s, have long been unionized — and now, as The Guardian reported this week, workers at Barnes & Noble are accelerating plans to join them.
In the past year, six of the company’s 600 locations have unionized, over the bleating objections of the CEO. Four of those stores, including three in New York City, have joined the Retail Wholesale & Department Store Union (RWDSU) — a union inclined to lean into new organizing drives, as evidenced by the great resources it expended trying to win a union at the Amazon warehouse in Bessemer, Alabama.
The union effort at Barnes & Noble is proceeding on a store by store basis, according to RWDSU communications director Chelsea Connor. The three New York City stores have been in bargaining for seven months, but the company has so far refused to allow them to negotiate a single master contract for all of the stores in the city. Connor says the union is in the midst of a “national organizing effort” at Barnes & Noble, though she wouldn’t disclose specific plans.
In any union drive at a national chain, it is easy to imagine that if the union can get enough stores organized, it can use a combination of strikes and negative PR to force the company to bargain a national contract, elevating the work lives of all of the employees at once. Indeed, this is the thing that the Starbucks union appears to have accomplished, weathering a storm of union busting to wear the company down and force it to the table. Besides the ample efforts of the workers and organizers themselves, the victory at Starbucks was aided by a friendly Biden administration NLRB, which deluged Starbucks with charges for violating labor laws, and by friendly politicians like Sen. Bernie Sanders, who dragged Starbucks founder Howard Schultz in front of Congress to berate him for being a hypocritical scumbag.
A company like Barnes & Noble, whose customers are probably more sensitive than average to the idea that they are supporting an exploitative monster, is vulnerable to a Starbucks-esque approach. The more stores that the RWDSU can organize, the more plausible such a strategy becomes.
Gaze at the book industry with optimistic eyes and you will be able to see the outlines of a union-fueled alternative to the shoddy and deflating commodification of culture that American businesses specialize in.
We can unionize the schools that teach people to write, so they can think without debt suffocating them. We can unionize the media outlets where the writers hone their craft, so that they don’t have to give up their writing dreams before it starts. We can unionize the publishing houses so the people who do the actual work of producing the books can share in the prosperity of the successful authors (and the always successful corporate managers). We can unionize the book stores, so that no one who plays a part in the delivery of books to readers has to be condemned to a life of genteel poverty. And then we can sell the books to a unionized Hollywood, where unionized screenwriters can turn them into movies staffed by unionized actors and directors and crews.
Sounds nice, right? We’re already on the path. It’s just a matter of helping our friends in the book industry fill in the gaps.
Or, we can just let AI read every book ever written and produce infinite versions of Twilight that can be turned directly into CGI movies overseen by a single paid employee whose job is to send the profits directly to the limited partners of the private equity firm. The choice is ours!
Learn about workers’ legal rights when it comes to labor unions at Workplace Fairness.
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About the Author: Katie Brenneman is a passionate writer specializing in lifestyle, mental health, and education When she isn’t writing, you can find her with her nose buried in a book or hiking with her dog, Charlie. To connect with Katie, you can follow her on Twitter.
This blog was contributed directly to Workplace Fairness and was first published on April 15, 2024.
Whether you’re a nurse, hospitality worker, warehouse employee, or you work in another profession that often requires night shifts, wellness is the name of the game, and you need to ensure that the company has your back. Whether you’re temporarily working overtime or you work the third shift every night, you must fight for your rights.
Here are some ways to advocate for your well-being on the job.
According to recent studies, there’s an increased risk of injury for folks who work night and evening shifts. Many of those injuries are tied to fatigue or not having a suitable work environment for later hours. As an employee, you should research the tactics that companies can take to make your life easier for your particular industry.
If you work on a computer all night, there are simple things you can do, like adjust the screens on the monitors so they emit less blue light at night to reduce eye strain. Or, bright light in halls and rooms can be helpful for nurses and warehouse workers who need to see where they’re going. Plus, more radiant light will help you to stay more alert and awake.
Also, it may seem obvious, but employers must prioritize safety by posting proper signage around warehouses that identify hazards. Signage should be written in large and colorful letters so it can’t be missed.
If these or other safety considerations do not exist at your night job, talk to your boss and get a timeline for when they’ll be available. If you’re not getting answers, speak to human resources.
Another simple and tasty way to stay energized and productive during night shift jobs is to enjoy a cup of coffee. There are various benefits of coffee in the workplace, including the fact that it helps boost productivity by helping you stay alert, so you can learn new information and tasks faster and be better at your job. Coffee can also improve morale around the office. Many work groups like to gather around the coffee machine at the start of each shift to say hello, talk about the work of the night, and get that caffeinated pick-me-up. If you’re in a good mood, you will likely be happier at work and do a better job.
By staying alert with caffeinated beverages, you can also fight the potential for fatigue that is all too common during night work. That fatigue may lead to accidents on the job site that can cause harm to you and your coworkers. Fatigue has even been linked to advanced health problems like depression and reproductive issues. Needless to say, it can’t hurt to ask your employer to supply coffee during your shift.
Employers can be part of the solution by providing several caffeinated and decaffeinated coffee options. Management can also make it easier for the staff to drink coffee by providing reusable cups and mugs that the employees can keep.
Another danger of a night shift job is what can happen while you’re commuting to and from the office. The fact is that commuting at night comes with several unique challenges, including limited visibility of the road, the potential to share the road with impaired drivers, and a chance of hitting a nocturnal animal that darts across your path.
Of course, there’s also the issue of fatigue. While you may be tired driving home after a long shift, you can also feel drowsy behind the wheel on the way to work since it’s dark and your circadian rhythm may be off. If you and your coworkers are concerned about safety while driving at night, talk to your superiors about potential solutions.
Remedies could include the possibility of flexible schedules, especially when you didn’t get enough sleep, and you’re concerned about your safety on the road. There could be the possibility of starting an hour later or making up the time later.
If you drive at night as part of your job, you could talk to the company about getting internet in the car. That way, you’ll never have to take your hands off the wheel to make or receive an important phone call or text. You’ll be able to get directions without taking your eyes off the road, which is essential for safety.
Management could also create a carpooling program so you and nearby associates can drive together. That way, if one of you is more tired than the other, someone else can take the wheel. Finally, the company could initiate a program that provides extra money on each paycheck for the employees to take public transportation so they can eliminate the risk of driving altogether.
You must allow your physical and mental well-being to be the priority when you’re working your night job, and if you feel that is threatened, speak to your supervisor. Quality work comes with a safe atmosphere, so demand what’s right.
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About the Author: Vander Cherry is a Clerk in the Office of the Ombudsman, Office of Federal Student Aid, U.S. Department of Education.
This blog originally appeared at the U.S. DOL’s blog on April 3, 2024.
Everyone, at some point in their career, asks themselves if they should stay in their job or look for something else. I sometimes ask myself those questions. I am a young professional based in Washington, D.C. Growing up, my mom used to say, “You have a disability. You have challenges. But a job is important. There are resources for that. You can’t just shrug them off.”
As a person with cerebral palsy, some days, my joints ache more than usual. The thought of getting up and going to work is sometimes challenging. However, I know that it is important to show up, so I always get myself up and take the bus to my job at the U.S. Department of Education.
I got my current job through a program called Project SEARCH. I learned about it in high school, and my occupational therapist helped me apply for the program. Project SEARCH gave me a mixture of classroom and internship experiences. One of my internships led to my current job, which I’ve had for about 12 years—since I was 19. I have a wonderful supervisor who knows how to accommodate my disabilities and keep me challenged and learning. My supervisor believed in me when I didn’t believe in myself. My supervisor knows how to assign me work that not only helps the office, but also helps me grow as a professional. I am grateful for their patience and willingness to use my skills, while adapting to my needs and the needs of the office.
I love working at the Department of Education, but like everyone, sometimes I wonder if I should be looking for a next step. My current job as a Clerk in the Office of the Ombudsman, Office of Federal Student Aid has taught me about education policy, computer skills and how to dress and act in the workplace. I also want to explore other opportunities, including public speaking, advocacy, game testing and music.
As my mom said, there are resources available. I just learned about a valuable one called Secure Your Financial Future: A Toolkit for Individuals with Disabilities. As I consider the possibility of future jobs, I will use the financial toolkit’s changing jobs resources to ensure that I continue to have a good income and benefits. I like that the financial toolkit covers a wide variety of topics, like protecting my health care and retirement, collecting a final paycheck and coping with stress. I hope to use these resources as I make decisions about possibly changing jobs.
The CareerOneStop website also has a number of tools to assist career explorers in changing jobs, such as the Switch Careers how-to guide, the mySkills myFuture career-matching tool and a skills self-assessment. These tools will help me understand what jobs might be a good fit and could help me build a LinkedIn profile.
I have big career dreams and am thankful that Project SEARCH supported me in evolving from a student to a young professional. From here, I can use the financial toolkit and the CareerOneStop resources to help me make decisions so that I continue to grow in my current career or a future one.
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About the Author: Robin Madell began writing for U.S. News & World Report’s On Careers section in 2013, with a focus on productivity, work-life balance, stress management and women’s leadership.
This blog originally appeared at U.S. News on April 3, 2024.
Virtual job positions continue to increase in popularity.
If you value becoming a remote worker or staying one, you can find countless companies hiring to fill work-from-home positions.
With so many people seeking remote work, beware of work-from-home sites that promote fake job ads and other scams. Below is a list of nine reputable work-from-home job sites that offer a wide range of legitimate remote jobs.
Launched in 2007, FlexJobs was created specifically to help professionals find remote and flexible jobs. The site’s founder, Sara Sutton, explains she was inspired to start FlexJobs because she had been looking for a remote opportunity with a flexible schedule while pregnant and was discouraged by how many bogus job sites there were in this niche.
FlexJobs’ staff researches what they identify as the best job listings for professional positions in more than 50 career fields worldwide. Opportunities are part-time, full-time, on a flexible schedule and on an alternative schedule. Positions range from entry-level to executive-level. FlexJobs provides client support for members and a money-back guarantee. Pricing starts at $2.95 for a 14-day trial.
Remote.co, a FlexJobs partner also founded by Sutton, describes itself as a site for “all things remote work.” It offers sections for employers to post remote jobs and for job seekers to find those opportunities. The site also includes a remote work blog and common work-from-home questions answered by 146 remote companies and virtual teams.
One of the major job search sites for traditional work, Indeed also has a special section for remote jobs. The site currently lists more than 47,000 remote jobs that are searchable by job type, keywords or company. Indeed also lets users browse companies by industry, search for salaries and upload resumes so that employers can find them.
According to the We Work Remotely site, its community has over 4.5 million visitors. The site lists remote jobs in categories including programming, design, customer support, and sales and marketing. It also designates between full-time and contract positions. We Work Remotely also offers a number of resources for remote job seekers including a Remote Leader Playbook, remote work trends and the top 100 remote companies.
While ZipRecruiter is a larger job board that publishes opportunities about traditional jobs as well, it contains a section specifically for remote positions.
Some of the most popular types of remote jobs listed on the site are administrative, part-time and contract work. The site also has contract-to-hire and part-time jobs. Some of the most popular remote job titles found on the site are teacher, graphic designer and bookkeeper.
A free site that’s targeted solely toward remote jobs, Jobspresso has over 1,000 openings listed, featuring tech roles in software development, design, user experience, and development and operations, as well as writing, editing and product management.
Jobspresso curates, reviews and adds to its listings daily. According to the Jobspresso website, “100% of our jobs are hand-picked, manually reviewed and expertly curated.”
Working Nomads distinguishes itself from other sites by offering a remote job board that spans positions worldwide. It targets job seekers who want to “work remotely from your home or places around the world.” It offers fully remote positions and partly remote jobs where you might need to spend some time on site for training or team-building purposes.
Listing remote jobs in software development, customer support, marketing, design and other industries, the Remote OK site states that its job board reaches more than 2.6 million remote workers.
Job seekers can search by salary and benefits as well as job title and location. The site also includes an opportunity for remote workers and nomads to sign up to receive global health insurance.
This is a free, standard job board with a category search and a community option to receive newsletters and webinars via email on topics relevant to remote job searchers and workers. It allows you to search for jobs by skill and location or by company.
Though the Remotive site places an emphasis on remote tech opportunities, it posts other types of remote jobs as well. Job hunters can use a “Remotive Accelerator” to unlock over 34,000 additional opportunities.
Learn about remote workers’ rights, such as their privacy rights, at Workplace Fairness.
About the Author: Diane Faulkner is a freelance writer, speaker, and human resource consultant, with over 30 years of experience working in and covering employment and labor law
This blog originally appeared at U.S. News on April 2, 2024.
As the 2024 presidential election nears, workers may be wondering whether they can share political opinions at work without retaliation or reprimand.
Can you talk politics at work without being fired? The short answer is yes – and also no.
It all depends on where you work and the context in which you’re talking politics.
Contrary to popular belief, the First Amendment only protects you, as an employee, from government actions against you, says Florida-based employment attorney David Miklas.
But it’s actually a little more complicated than that. “So, if a police officer wanted to arrest you for wearing a ‘MAGA’ hat or a Biden hat, that would be violative of the First Amendment,” Miklas says. “But your boss could fire you for the same reason.” MAGA is short for the 2016 Donald Trump campaign slogan, “Make America Great Again.”
“In general, there are extremely limited situations where there’s any kind of free speech rights in a private workplace,” Miklas says. “I think it would be fair to say that most free speech rights generally don’t apply at work.”
Exceptions exist where an employer cannot fire you for discussing politics at work. They are:
Let’s break this down.
The first exception is a big one for private employers. If your political talk devolves into subjects such as Black Lives Matter, under the current National Labor Relations Board configuration, your speech would be shielded as “protected concerted activity.”
“We saw a lot of this during the Black Lives Matter movement, where companies would ban wearing anything that said Black Lives Matter,” says Danielle Verderosa, a Virginia-based human resources consultant and owner of HR Allies.
“Politics comes into play, and this particular board under this particular general counsel has an extremely expansive view of what is protected and what is concerted,” Miklas says.
“Concerted activity refers to two or more employees taking actions to help or protect each other with respect to employment conditions or terms of employment,” Miklas says. “Right now, it’s a very risky time to assume something is not going to be protected concerted activity. So, my advice (to employers) would be: Before you fire anyone for any kind of political speech, run it by your employment lawyer because, right now, it is really, really risky.”
Miklas references a case involving Home Depot that allowed an employee to write “BLM” on a work uniform. “The justification was that that amounted – in that situation – to protected concerted activity,” Miklas says.
The second exception is if your political talk has an impact on a certain class of protected people.
Say, your employer has a dress code policy that prohibits political speech, and you are Black, which is a protected group, and want to wear Nike clothing to support former football quarterback and civil rights activist Colin Kaepernick. “If the only people wearing that (clothing) are Black people, that policy can have a disparate impact,” Miklas says. “Enforcing that arguably neutral rule, if it has a disparate or unfair impact on one protected class, would violate Title VII.” If that’s happening, you might have a discrimination case, and you should contact a labor attorney.
The third exception is if there’s a state law or county or city ordinance that says you can engage in political talk at work.
For example, Broward County, where Fort Lauderdale is, has an ordinance that says it’s a discriminatory practice to publish a job advertisement indicating a preference limitation, specification or discrimination based on political affiliation. So, even though that’s not protected by federal law, it could be protected in a certain state, city or county.
The fourth exception is if your employer is a public entity such as a city, county or school district. Several factors have to apply for political speech to be protected. “The key case is a Supreme Court decision called Garcetti v. Ceballos, which came out in 2006,” Miklas says. “The Supreme Court held that when public employees make statements pursuant to their official duties, they are not entitled to the same free speech rates as private citizens.”
In short, a public entity cannot discharge you on a basis that infringes on your constitutionally protected freedom of speech as a private person, but it can if you speak out in the course of your public duties.
The case sets out a four-factor test. To state a claim for violation of your First Amendment freedom of speech rights, public employees would have to introduce evidence that demonstrates:
In conclusion, you don’t lose your First Amendment rights when you speak as a private citizen about matters of public concern, even when your speech involves something you learned at work. However, when you’re acting in your official capacity and speaking out on matters that are expressly part of your job description, you lose your rights.
“There’s not a guarantee that all public employees are going to be able to say whatever they want,” Miklas says. “They really just have to be talking as a private citizen and not part of their job.”
Politics touches nerves. “Political issues of all types are such hot-button issues that for otherwise reasonable people, you don’t really know when you’re touching a nerve with them,” Verderosa says.
While feeling discomfort doesn’t rise to the level of discrimination, alienating those who don’t chime in or have a minority opinion could have a disparate impact on a protected group, Verderosa says. That could make for a perceived hostile work environment.
“Where I see things happening in the workplace is when certain issues spill over to debates,” Miklas says. Immigration debates can involve national origin issues. So, depending on what you say, you may create a hostile work environment based on national origin. Similarly, abortion rights can involve a worker’s religious beliefs, which brings up a Title VII issue. LGBTQ+ rights can be implicated as sex discrimination issues.
“These are important issues because (your) employer may be put in a position where they have competing interests, and they may have to make a hard call,” Miklas says. There’s some level of risk for the employer if they fire you based on political speech. But sometimes, an employer will have to roll the dice and do it. Says Miklas, “If they think it’s important enough for the safety of their staff and sometimes even the culture or their brand, there’s some level of risk, but sometimes they absolutely might have the legal ability to do it.”
Learn more about the rights associated with political speech at work at Workplace Fairness.
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This blog originally appeared at U.S. News on March 25, 2024.
About the Author: Hallie Crawford is a certified career coach, speaker, and author with over 22 years of experience and has been a contributor to U.S. New and World Report since 2015 covering all things career-related.
As the job market continues to change, employers are looking for employees who can change and adapt to new technologies and processes. This makes it important to know what your soft skills are and how to display them effectively.
But what are soft skills exactly?
Soft skills are your personal characteristics that are displayed when you interact with others. They could be personality, intellectual or emotional traits, as well as other unique gifts you may have.
If you are unsure of what your soft skills are, it can be helpful to ask a few close friends, family members or colleagues to describe you using three adjectives. Additionally, taking a strengths or personality assessment can help you to clarify your soft skills. Identifying your set of soft skills is critical to effective professional development and for your job search.
Communication, teamwork, leadership, creativity and customer service skills are some of employers’ most sought-after soft skills in almost every industry. Here are some examples of the soft skills in each of these categories.
Effective communication is essential across all industries. Professionals who can convey ideas, feedback and information in a way that their colleagues can quickly understand promotes productivity and better relations at work. Here are some soft skills for better communication:
Being able to collaborate with others contributes to a healthy work environment. Job positions can be remote or hybrid, and knowing how to work effectively with others in different office models is something that hiring managers look for. Here are some of the top soft skills for teamwork:
This soft skill is the ability to inspire, influence and guide others toward achieving common goals or objectives. However, being an effective leader in any organization will require a combination of many soft skills, such as:
Creativity is a soft skill that can be used in any job position. Creativity enables professionals to come up with original ideas, solve problems innovatively and think outside the box. Additional soft skills needed for creativity are:
This skill set allows you to interact with customers professionally and helpfully. While industries such as hospitality, education, finance and health care are most likely to look for employees with proficient customer service skills, this is important for any industry that provides a service to a client or customer. Additional soft skills for customer service are:
While this isn’t a complete list of soft skills, it can help you get started with your own list of soft skills. Creating your list will help you understand your unique selling proposition and what you have to offer to your employer and your industry.
Once you have identified your soft skills, there are various places you can highlight your soft skills, whether you are job searching or simply looking for more effective professional branding. Here are a few places to start:
The easiest way to highlight your soft skills on your LinkedIn profile is by adding them to your “Skills” section. LinkedIn currently allows you to list 50 skills on your profile, so make sure to add as many soft skills as possible. Additionally, you can add credibility to your skills on LinkedIn by asking for endorsements.
You can also highlight your soft skills in your “About” section. You can do this by adding in the relevant soft skills from the list you created to explain why you chose your industry and what makes you unique in your profession.
Your resume should be tailored to each job you apply for. To highlight soft skills on your resume, you will want to identify what soft skills are needed for the job opening. These are often listed in the job description.
Include the top three relevant soft skills that make you a strong fit for the role in your summary. In your work experience, you will also want to choose experiences that highlight the soft skills you have that are needed for the role.
During a job interview, you will want to showcase both your hard skills and soft skills. You can do this by formatting your answers using the STAR method, a technique where you talk about a specific situation, task, action and result when answering behavioral interview questions or other open-ended questions.
Think about situations for your STAR stories that showcase the soft skills that make you a good fit for the job position. Try to prepare at least five situations so that you will be ready for any unexpected questions during your interview.
Keep a document where you list any successful projects, tasks and kudos from clients. Then you can use this list to create an AI-generated presentation to show your manager during your next performance review, making sure to highlight what soft skills contributed to your success. And if you have been working with your boss on improving a certain soft skill, make sure to share what you have implemented and share your progress.
Soft skills are traits that come naturally and are learned throughout your whole life. These are generally not job-specific and can be used in many different circumstances and industries.
Hard skills are technical skills related to your job and industry and are usually learned through education and training. Hard skills are generally used for specific tasks and can be demonstrated by a certification or degree.
Many employers may feel that soft skills are harder to teach, so they may give priority to job candidates with strong soft skills. While soft skills may be harder to teach, it is possible to acquire or improve your soft skills.
First, determine what soft skills you want to improve. Then, set reasonable goals for yourself for improvement. For example, you could volunteer to take on new projects at work or take some online courses related to the soft skill you want to acquire. These goals can be added to your professional development plan. Check in with yourself quarterly to track and gauge your progress.
You can also speak with your manager and ask for feedback. Let them know which soft skills you are working on and ask them for suggestions on how to improve that soft skill in the workplace. It is also helpful to work with a mentor or a career coach to help you improve your soft skills. They can provide you with constructive feedback, ideas and support.
Learn about workers’ rights related to hiring and classification at Workplace Fairness.
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Companies with inclusive business cultures and policies see a 59% increase in innovation and a 37% better assessment of consumer interest and demand.
The Elevated Workplace is a comprehensive course designed to help businesses and those in leadership positions develop an in-depth understanding of DEI, belonging, cultivating a psychologically safe workplace, and employment laws and protections. Learn more and inquire for more information on offerings and pricing here.
We provide participants with tools to identify and address harmful workplace situations and policies, as well as develop practices to ensure the well-being of all employees, which directly impacts revenue, retention, productivity, and overall morale.
During our interactive training, we will:
When you become a member of Workplace Fairness, you join our community of advocates who work to ensure that workers have access to free legal rights education and receive insider updates on the labor movement, new/upcoming content and happenings within WF. We have membership investment levels from $0-$100 with a variety of benefits.
Available on all podcast platforms, The Worker Experience is the only podcast featuring this type of crucial content for workers and their advocates. Past episodes highlight workers’ legal protections surrounding criminal backgrounds, AI, workplace surveillance, pay inequity, discrimination of all types, union organizing, and disability accessibility. Sponsorship investments range from $100 – $500 and each level offers a variety of benefits sure to enhance your business.
Become a “Diamond” sponsor and annual partner with Workplace Fairness for one year and receive a variety of benefits to promote your business while supporting the protection and education of workers. If this type of sponsorship isn’t within your capacity, reach out to WF to learn about our other options.
Labor disputes can arise when there are disagreements between employers and employees about work-related issues. Some common disputes may involve wages, benefits, working conditions, or disciplinary actions. It is important to understand your rights and the relevant labor laws in your area to navigate these disputes effectively. It is essential to stay informed about the proper channels for addressing concerns with your employer, such as through negotiation, mediation, or legal action if necessary. By being aware of your rights and the available strategies, you can protect yourself in the event of a labor dispute.
Your rights at work are protected by law. It’s important to know them to ensure you’re being treated fairly at your job. Here are some essential strategies to help you identify and protect your rights at work:.
By being informed about your rights at work, you can navigate labor disputes more effectively
and protect yourself from unfair treatment.
Being able to document everything related to a labor dispute is crucial in protecting your rights at work. Documentation helps to provide evidence of any wrongdoing or unfair treatment, which can strengthen your case. Make sure to document any conversations, meetings, emails, or incidents that are relevant to the dispute. This can include keeping a record of dates, times, and details of what was said or done. Remember, thorough and accurate documentation can be essential in resolving labor disputes in your favor.
Effective communication is essential during labor disputes. It’s important to clearly and openly express your concerns, needs, and goals to your employer or the other party involved. Consider the following strategies to protect your rights at work:
● Be assertive and direct when communicating your concerns
● Listen actively to the other party’s perspective
● Clearly outline your expectations and goals in a respectful manner
● Use specific examples to illustrate your points
● Consider seeking assistance from a professional mediator or legal advisor if communication reaches an impasse
When facing labor disputes, seeking legal counsel is an essential step to protect your rights at work. Legal counsel can provide expert advice on the best strategies to navigate the dispute and ensure that your rights are upheld. Here are some key reasons to consider seeking legal counsel:
By seeking legal counsel, you can gain the support and expertise needed to navigate labor
disputes and protect your rights at work.
Alternative dispute resolution (ADR) methods provide an effective way to resolve labor disputes without going to court. Here are some essential strategies to consider:
When you’re navigating the negotiation process during a labor dispute, it’s essential to be prepared and informed. Here are some strategies to help you protect your rights at work:
● Understand the key issues at stake and your desired outcomes.
● Communicate clearly and professionally with your employer or their representatives.
● Consider seeking legal advice or representation to ensure you have the best possible support.
● Stay informed about your rights and obligations under labor laws.
By being proactive and knowledgeable, you can navigate the negotiation process with confidence and advocate for your rights at work.
t’s crucial to gather and organize any evidence that supports your claim. Keep a record of any relevant communication or incidents that may be helpful in a potential legal dispute. Ensure that you have a clear understanding of your rights as an employee and the applicable labor laws in your jurisdiction. Additionally, consider consulting with a legal professional who specializes in labor disputes to get tailored advice for your specific situation.
During a strike or lockout, it’s essential to understand your rights and take necessary steps to protect yourself. Here are some essential strategies to consider:
In conclusion, navigating labor disputes requires understanding your rights, documenting incidents, and seeking legal advice when necessary. It’s important to stay informed about your rights under labor laws and to proactively protect yourself in the event of a dispute. Remember to keep records of any relevant communication or incidents and seek help from a knowledgeable legal professional if you feel your rights are being violated. By taking proactive steps to protect your rights, you can navigate labor disputes more effectively and achieve a fair resolution
]]>This blog originally appeared on the U.S. Dept. of Labor blog on Jan. 17, 2024.
Black women have been on the forefront of the fight for labor rights for decades, helping improve conditions for all of America’s workers.
Historically excluded from many good jobs, they’ve performed much of the essential but difficult work underpinning our economy without the protections afforded to other workers. For example, the Social Security Act of 1935 initially excluded domestic workers — the majority of whom were Black women.
While there are countless women who have organized and advocated for better working conditions, here are a few you should know.
Dorothy Bolden began helping her mother with domestic work at age 9. She was proud of her work but also knew how grueling it could be, and wanted domestic workers to be seen and respected as part of the labor force. Dr. Martin Luther King Jr., her next-door neighbor, encouraged her to take action. In 1968 she founded the National Domestic Workers Union, helping organize these workers on a scale never seen before in the U.S. The union taught workers how to bargain for higher wages, vacation time and more. She also required that all members register to vote, helping give workers’ both a stronger voice on the job and in Georgia policy.
Nannie Helen Burroughs was a suffragist, educator and organizer, as well as a mentor to the Rev. Martin Luther King Jr., who worked to integrate labor reform into the movement for voting rights. She launched the National Association of Wage Earners in 1921, a labor union for Black domestic workers. Burroughs also established the National Trade School for Women and Girls to combat labor exploitation through education, helping improve working conditions and expand career pathways for Black women.
Known as the “First Lady of Roxbury,” community organizer and activist Melnea Cass helped provide social services, professional training and labor rights education that empowered Boston’s most vulnerable workers. One of many examples is a program she co-created that provided childcare for working mothers. Her advocacy also helped achieve a major legislative victory: In 1970, Massachusetts passed the nation’s first state-level minimum wage protections for domestic workers since the Great Depression.
Photo: Melnea Cass receives an honorary degree at Northeastern University’s 1969 commencement. Source: U.S. DOL, citing Northeastern University Libraries, Archives and Special Collections Department.
As one of 11 children – including three sets of twins – Clara Day took naturally to collective action and coalition building. As an information clerk at Montgomery Wards, she resented the segregation of white and black employees, which led her to push for change. Clara Day first began organizing co-workers at Montgomery Ward in 1953 and went on to hold several roles in the Teamsters Local 743. She also helped found the Coalition of Labor Union Women and the Teamsters National Black Caucus. A passionate advocate for labor, civil and women’s rights, she helped bring attention to issues like pay equity and sexual harassment.
A civil rights activist, educator and writer who helped organize the March on Washington for Jobs and Freedom, Anna Arnold Hedgeman was a lifelong advocate for equal opportunity and employment. She persuaded the organizers to include economic issues in the demonstration (the “Jobs” part) in addition to civil rights. The only woman on the event’s administrative committee, she also fought to ensure women were included women in the day’s program.
Photo: From left: A. Philip Randolph, Roy Wilkins and Anna Arnold Hedgeman plan the route for the March on Washington. Source: U.S. DOL, citing New York World-Telegram and the Sun Newspaper Photograph Collection (Library of Congress).
Dora Lee Jones helped found the Domestic Workers Union in Harlem in 1934 in defiance of New York City’s “slave markets,” as they were known. With few employment options during the Depression, Black women would gather daily in the morning at certain locations and wait for white middle-class women to hire them, typically for terrible wages. The union called for a minimum wage, overtime, two weeks’ notice for termination – and no window washing. (Workers were regularly asked to perform the dangerous task of cleaning the outside of upper-floor apartment windows.) The DWU eventually affiliated with the predecessor to today’s Service Employees International Union.
Photo: The women in this photo are domestic workers hoping to be hired for a day’s work, as captured by Robert McNeill for Fortune magazine. Source: U.S. DOL, citing Robert McNeill, Make A Wish (Bronx Slave Market, 170th Street, New York), 1938, Smithsonian American Art Museum.
Maida Springer Kemp worked as a labor organizer in the garment industry and became the first Black woman to represent the U.S. labor movement overseas in 1945 when she visited post-war Britain on a labor exchange trip. She went on to spend many years liaising between American and African labor leaders as a member of the AFL-CIO, affectionately known as “Mama Maida” for her work. Throughout her life she advocated for civil rights and women’s rights in America and internationally.
Photo: Source: U.S. DOL, citing ILGWU Photographs #5780, P. Kheel Center for Labor-Management Documentation and Archives, Cornell University Library.
Rosina Corrothers Tucker helped establish the Brotherhood of Sleeping Car Porters — the nation’s first predominantly Black labor union — and its International Ladies’ Auxiliary Order. The BSCP became the first Black union recognized by the AFL-CIO in 1935. She also organized workers in the laundry trades and domestic service industries, fought for racial and economic justice as part of the March on Washington movement, and lobbied Congress for labor and education reforms.
Photo: Rosina Tucker (right) with Helena Wilson and A. Phillip Randolph. Source: U.S. DOL, citing Dellums (Cottrell Laurence) Papers, African American Museum and Library, Oakland Public Library, California.
These leaders improved working conditions, wages and rights for America’s workers, often at great personal cost. We honor them by continuing the fight for a fair and just workplace for all.
Editor’s note: Want to learn more? Read about these labor leaders and pioneers: Mary McLeod Bethune, Hattie Canty, Fannie Lou Hamer, Dorothy Height, Maggie Lena Walker and Addie Wyatt.
Workplace Fairness advocates for diverse workspaces. Learn about employment laws on discrimination here.
]]>About the Authors: Erin George is an Economist at the Women’s Bureau. Gretchen Livingston is a Survey Statistician at the Women’s Bureau.
March 12 is Equal Pay Day – which represents the date into the year women must work in order to earn the same amount as the average man the previous year. But what does that mean? And what can we say about the gender wage gap today?
Here are five fast facts:
View the DOL’s Equal Pay webpage.
This blog originally appeared on the U.S. Dept. of Labor’s blog on March 12, 2024.
Learn about workers’ rights to fair wages at Workplace Fairness.
]]>We know that women often put the needs of others before their own, even when it comes to their physical and mental health and financial security. This Women’s History Month, we celebrate women and are sharing tips to help you learn more about your rights and options when it comes to safeguarding your health and planning for retirement.
With factors like the wage gap, women working more frequently in part-time jobs with less access to retirement plans and interrupting their careers to take care of loved ones, saving for retirement can be a challenge. On top of that, women tend to live longer than men and need to save for a longer retirement.
Remember to make time for your physical, mental, and financial well-being – recognizing that while there may be challenges, there are steps you can take – and that you’re not alone. The Department of Labor’s Employee Benefits Security Administration (EBSA) offers resources and assistance to help:
Your Physical & Mental Health
Your Future Financial Security
These steps will help you get started. EBSA has information and tools to prepare you to make informed decisions about your well-being and retirement security. To find these resources, visit the EBSA website. You also can contact an EBSA Benefits Advisor with your questions: visit askebsa.dol.gov or call 1-866-444-3272 for assistance. Women’s History Month celebrates empowering women – unleash your full power when it comes to your health and a secure financial future with EBSA at your side.
About the Author: Lisa M. Gomez is the Assistant Secretary in the U.S. Department of Labor’s Employee Benefits Security Administration
This blog originally appeared at the U.S. Department of Labor Blog on March 20, 2024.
Read more about workplace health and safety at Workplace Fairness.
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About the Author: Dayton Martindale is a freelance writer and former associate editor at In These Times. His work has also appeared in Boston Review, Earth Island Journal, Harbinger and The Next System Project. Follow him on Twitter: @DaytonRMartind.
This blog originally appeared at In These Times on March 18, 2024.
ten•ant un•ion noun 1. an organization of renters who organize to collectively bargain with their shared landlord 2. a neighborhood-wide or citywide group that works to protect tenants’ rights
In a phrase: The rent is too damn high! Renters make up more than a third of the country and, as a group, are disproportionately low-income and households of color. In 2019, nearly half of all renters were spending more than 30% of their income on rent and utilities. Since Covid-19, things have only gotten worse, with many cities seeing rent spikes in 2021 and 2022 — even cities with a declining population.
And what do renters get for their hard-earned money? A figurative slap in the face. From callous landlords who fail to meet code and delay needed maintenance to absurd fees for everything from cashing checks to rental applications, many tenants have had enough.
“I think it’s a sign of people being fed up … corporate landlords have really tilted the playing field to be on their side, and to ensure all of the laws benefit them, and by renters coming together, they’re simply leveling the playing field.”
Carmen Medrano, co-chair of Colorado Homes for All
Tenant organizing has been around for more than a century, with renters banding together to push for fairer agreements with landlords. The tenant union model took off in 1960s Chicago, where tenants in several neighborhoods came together to negotiate agreements with their landlords. It’s the same foundational idea that motivates labor unions: Collectively, renters can negotiate a better contract than they could individually. A union can also help tenants coordinate rent strikes, protests, mutual aid and political campaigns.
In the ensuing decades, unions sprang up at every scale. The National Tenants Union even lobbied Congress for rent control in the early 1980s. The movement is back on the rise, with unions growing from Connecticut to Denver to Los Angeles.
In Kansas City, Mo., the citywide tenant union has more than 9,000 members. The group helped pass a law guaranteeing a lawyer for renters during eviction proceedings, and, this June, one of the group’s leaders won a seat on city council. In Kingston, N.Y., tenant unions and other housing justice organizers won a rent reduction for 1,200 units in 2022.
If you’re a renter, it’s worth looking up to see if any tenant unions or housing justice groups exist in your community. If not, here’s one good way to get started: Go out and talk with your neighbors, see what you all might need, and organize a get-together to listen to one another.
This is part of “The Big Idea,” a monthly series offering brief introductions to progressive theories, policies, tools and strategies that can help us envision a world beyond capitalism. For recent In These Times coverage on these ideas, see “Nationalization Is a Great American Tradition” and “The Guerrilla Gardeners Seedbombing the Suburbs.”
]]>Understanding employment conditions is crucial for every worker. It involves knowing your rights and obligations in the workplace. Here are some key points to keep in mind:
○ Employment conditions refer to the terms of your employment, such as working hours, wages, leave entitlements, and other benefits.
○ Familiarize yourself with your employment contract to understand the specificconditions that apply to your role.
○ Employment conditions may be governed by labor laws, industry standards, or collective bargaining agreements.
○ It’s important to stay informed about any changes in employment conditions that may affect you.
Employment conditions encompass various types, including full-time, part-time, temporary, and freelance. Each type comes with different benefits and obligations, so it’s important to understand the specifics of your employment arrangement. Full-time workers typically have fixed hours and receive benefits like paid vacation, health insurance, and retirement plans. Part-time workers usually work fewer hours and may not be eligible for the same benefits as full-time employees. Temporary workers are hired for a specific duration or project and may not receive benefits. Freelancers are independent contractors who work on a project basis and are generally responsible for their own taxes and benefits. Knowing the type of employment conditions can help you navigate your rights and responsibilities in the workplace.
As a worker, it’s important to know your rights and responsibilities to ensure a fair and safe working environment. Here are a few key points to keep in mind:
Every worker deserves fair employment conditions. These conditions provide job stability and security, fair pay, and a safe working environment. Job stability and security ensure that workers can rely on their jobs for a steady income. Fair pay ensures that workers are compensated appropriately for their work. A safe working environment protects workers from harm and ensures their well-being. Fair employment conditions are crucial for maintaining a healthy and productive workforce.
Employment contracts typically include details about your job, such as your role, responsibilities, working hours, and salary. They also outline the terms and conditions of your employment, such as termination procedures, notice periods, and any restrictive covenants that may apply after leaving the job. Understanding the contractual terms and conditions is crucial to protect your rights and ensure a fair working relationship.
Employment policies and regulations are crucial for every worker to understand. These rules can impact your rights and responsibilities at work. To navigate workplace policies and regulations effectively, it’s important to familiarize yourself with your company’s employee handbook. This document outlines important information such as your rights, company procedures, and codes of conduct. Additionally, staying informed about labor laws and regulations in your region will help ensure that you are aware of your entitlements as an employee.
Unfair employment conditions are a serious concern. If you feel that you are being treated unfairly at work, it’s important to address the issue promptly. You have the right to fair treatment in the workplace. Some common unfair employment conditions include low wages, long working hours without proper compensation, discrimination, harassment, and unsafe working conditions.It’s crucial to familiarize yourself with your rights as an employee, and consider seeking legal advice if needed.
If you encounter employment problems at work, seeking legal assistance is crucial. Some common issues include wrongful termination, discrimination, harassment, wage and hour disputes, and contract disputes. It’s important to know that many employment lawyers offer free initial consultations to assess your situation and provide guidance on the next steps. During the consultation, be sure to inquire about the attorney’s experience in handling cases similar to yours, their fee structure, and the potential outcomes of your case. Remember, the sooner you seek legal assistance, the better your chances of resolving your employment issues.
There are several resources and forms of support available for workers to navigate their
employment conditions. Some of these include:
In summary, it’s crucial for every worker to have a clear understanding of their employment conditions to ensure they are aware of their rights and obligations. Some key takeaways from this blog include:
● Knowing the terms of your employment, such as working hours, pay rate, and any additional benefits or perks.
● Understanding your rights as an employee, including entitlement to breaks, sick leave, and parental leave.
● Being aware of the process for resolving disputes with your employer, including any internal grievance procedures or options for seeking external support.
● Recognizing the importance of seeking legal advice or assistance if you encounter any challenges or concerns regarding your employment conditions
Unfair dismissal occurs when an employee is terminated from their job in a way that is considered unjust. This can include being fired without a valid reason, being let go due to discrimination, or being dismissed after exercising a legal right, such as taking maternity leave or joining a trade union. Key indicators of unfair dismissal can include being terminated for an unreasonable cause, lack of a fair disciplinary process, and being dismissed in a discriminatory manner. It’s important to be aware of your employment rights and seekappropriate legal advice if you believe you have been unfairly dismissed.
Employment laws and regulations are designed to protect employees from unjust treatment in the workplace. These laws cover issues such as unfair dismissal, discrimination, and harassment. It’s important to be aware of your rights as an employee and understand what actions constitute unfair dismissal. Unfair dismissal can include being fired for discriminatory reasons, taking legal leave, or participating in union activities. It’s crucial to familiarize yourself with the specific laws and regulations in your area to ensure you are aware of your rights and can take appropriate action if needed.
Unfair dismissal can occur when an employer terminates an employee’s contract in a way that breaches employment laws or goes against the terms of the contract. Situations that could constitute unfair dismissal include
Unfair dismissal can take different forms, including constructive dismissal and wrongful termination. Constructive dismissal occurs when an employer makes significant changes to your job without your agreement, forcing you to resign. Wrongful termination happens when an employee is dismissed for reasons that are illegal, such as discrimination or retaliation for exercising their legal rights. These types of unfair dismissal can have serious consequences for both the employer and the employee.
In many countries, the law provides employees with protection against unfair dismissal. Unfair dismissal can occur if you are fired without a valid reason, or if the reason for your dismissal is unfair or discriminatory. According to the law, it is illegal for an employer to dismiss an employee for reasons related to gender, race, pregnancy, religion, disability, or age. Employees also have the right to be informed of the reasons for their dismissal and have the opportunity to appeal the decision. Additionally, if you have been working for a certain period of time, you may be entitled to severance pay or other benefits upon dismissal.
If you feel unfairly dismissed from your job, it’s important to take the following steps:
If you believe you have been unfairly dismissed, you can file a complaint with the appropriate authorities. In the United States, this would typically involve lodging a claim with the Equal Employment Opportunity Commission (EEOC) or the relevant state labor agency. In the UK, you would usually approach the Advisory, Conciliation, and Arbitration Service (ACAS) or Employment Tribunal. It’s important to gather all relevant evidence and be prepared to outline the details of your dismissal when making your complaint.
Unfair dismissal occurs when an employee is terminated in a way that is considered unjust or
unreasonable. Here are some key points to consider when dealing with unfair dismissal:
● Unfair dismissal can include being fired for discriminatory reasons, such as race, gender, or disability.
● It can also involve being terminated for exercising legal rights, like taking family or medical leave.
● Unjust termination could be due to whistleblowing, exposing illegal activities, or filing a complaint against the employer.
● If you believe you have been unfairly dismissed, it’s important to seek legal advice and understand your rights.
If you believe you have been unfairly dismissed, it’s essential to seek legal advice and representation. This can help you understand your rights, assess if your dismissal was unfair, and determine the best course of action. Legal professionals specializing in employment law can provide guidance on the relevant legislation and help you navigate the process of seeking redress for unfair dismissal. They can advocate on your behalf, represent you in negotiations or hearings, and help you pursue any potential legal remedies available to you. It’s crucial to seek legal support as early as possible to ensure you protect your rights and interests effectively.
In conclusion, unfair dismissal in the workplace can be a serious issue that affects employees’ rights. It is important to understand that unfair dismissal can occur when an employee is dismissed for reasons that are not considered fair or justifiable. This can include wrongful termination, discrimination, or retaliation. It is essential for employees to know their rights and seek legal advice if they believe they have been unfairly dismissed. Remember that every situation is unique, and the specific circumstances of each case will determine whether or not the dismissal was unfair.
]]>
For so many of us, these are mostly dark times interrupted by brief windows of hope — and the road ahead is daunting.
No matter how this year’s presidential election plays out, the contest’s ultimate winner will surely be pessimism, one of the few things Americans across the political spectrum seem to be in alignment on: pessimism for the future, pessimism for possibilities of transformation, pessimism for the idea that justice will win the day.
We exist in a political system built on institutions seemingly unable to fulfill even the basic function of producing policies that huge majorities of Americans support, like lower prescription drug prices, less debt, increasing the minimum wage, a cease-fire in Gaza. It’s no wonder that public polling shows, according to the Pew Research Center, that “Americans’ views of politics and elected officials are unrelentingly negative, with little hope of improvement on the horizon.”
There’s little evidence that our political system is anything but broken, and confidence in these failing institutions — from Congress to the news media to organized religion to the Supreme Court to the White House — continues to decline.
The necessary conversations in our movement spaces are mostly quite simple: What’s left? What’s worth salvaging? What can we carry with us?
For those of us who see the power and potential of organized workers, the questions are sharper: What has our crumbling democracy meant for working people? Where are the centers of power within our labor movements? And, most importantly, can unions and workers ultimately change the horizons we’re walking toward?
(It is important to note that — from Starbucks Workers United to the United Auto Workers—we’ve seen some hopeful examples recently of unions setting such new horizons.)
One of our biggest challenges in answering these questions is that our politics — within labor, within our social movements — don’t seem to evolve; they only stumble from crisis to crisis. We exist in an interconnected landscape that previous generations could never have imagined, but the algorithmically fueled engines of online interaction seem to divide and distract as much as they connect. The panopticon of social media has actually served to atomize us, endangering the very idea of collective experience and action.
It would be a mistake to simply blame our pitfalls on technology. For all our talk of solidarity, we have to be honest with ourselves that our movements so rarely live up to anything that truly resembles and honors it. Part of this conundrum is a familiar dynamic — for many of us on the “practical Left,” our view of the world has been defined by what we are not and the forces we are arrayed against. But the answers aren’t as simple as saying “what we are for” and “what we are against,” which can force us into cycles of reaction.
Our response must be a refusal to allow our imaginations to be limited by our immediate needs — and recognize instead that the steps toward building a better world require setting our sights and horizons higher than mere survival.
We desperately need these new horizons, and we need to raise them beyond the contours of our practicality.
Demonizing enemies is an adequate organizing strategy for the nihilist Right, which aims to hold onto power for the good of a handful of elites. If our project is not just defending democracy — but demanding and creating it — then we require a different approach.
We should open ourselves to seeing the signs of a bigger horizon wherever we can find them. Is the demand for a shorter workweek one that can help us lift our eyes? Can we imagine reconstructing our unions and organizations into ones that can respond to our real needs and hopes?
Labor is, indeed, the source of all wealth. The collective actions of those who provide that labor are the building blocks of democracy — and the way to construct new horizons.
About the Author: Alex Han is Executive Director of In These Times. He has organized with unions, in the community, and in progressive politics for two decades.
This blog originally appeared at In These Times on March 18, 2024.
]]>
Baltimore has become what many consider to be ground zero in the emerging “solidarity economy” and the formation of worker-owned, cooperatively run businesses.
There’s something important going on here, and there’s a lot that we can all learn from our fellow workers who are in the cooperative space — people who are living, breathing proof that there’s another way to run a business, that there’s another way to run our economy, and that there are other ways we can treat work and workers.
At a recent event hosted by the Baltimore Museum of Industry titled “Work Matters: Building a Worker-Owned Co-op,” Max moderated a panel including workers and representatives from Common Ground Bakery Café, Taharka Bros Ice Cream, A Few Cool Hardware Stores, and the Baltimore Roundtable for Economic Democracy (BRED).
He talked to them about how they came to work at these different co-ops, how their businesses transitioned to more cooperative models, and they dig into the nitty gritty of what working at a co-op looks like, what it takes for workers to democratically run a business, and the real challenges, limitations, and rewards that come with this kind of work.
Panelists include: Vince Green (Taharka Bros Ice Cream); David Evans (A Few Cool Hardware Stores); Craig Smith (A Few Cool Hardware Stores); Sierra Allen (Common Ground Bakery Café); Christa Daring (BRED).
This is an introduction to a podcast episode of “Working People,” which was posted along with a transcript at In These Times on February 26, 2024.
About the Author: Maximillian Alvarez is editor-in-chief at the Real News Network and host of the podcast Working People, available at InTheseTimes.com. He is also the author of The Work of Living: Working People Talk About Their Lives and the Year the World Broke.
]]>Andrea Villanueva was in bargaining five days ago, negotiating a new contract for herself and 500 other retail janitors who clean some of the Twin Cities’ most recognizable stores. A group of building security workers, also members of Villanueva’s union SEIU Local 26, were also in negotiations in the same building. The workers bumped into one another in the hallways as the day went on — stopping to cheer each other on and express their solidarity.
Local 26 is just one of a major network of unions and community groups in Minneapolis and St. Paul that lined up bargaining processes for new contracts — and in some cases, strike votes — around a March 2 deadline, deliberately set in order to maximize their leverage and win collectively-determined community demands around four key issues: dignified work, stable housing, a livable planet and good schools.
That deadline is today, and a rolling Week of Action that will likely include thousands of workers on strike, street protests, and art and theater events, is set to begin.
In this collective effort, Local 26’s 8,000 members are joined by thousands of others: teachers and school support workers, care workers from 12 nursing homes, parks and public service employees, transit drivers, construction workers, restaurant staff, and community groups organizing around housing and climate justice. Before March 2, 15,000 workers had taken strike votes and though some of them have settled, some 10,000 may still walk off the job this week.
They’re members of groups including SEIU Local 26, St. Paul Federation of Educators (SPFE), SEIU Healthcare Minnesota & Iowa, Amalgamated Transit Union (ATU) Local 1005, CTUL, Inquilinxs Unidxs por Justicia, Minnesota Federation of Teachers (MFT) Local 59, LIUNA Local 363, Minnesota AFL-CIO, UNITE HERE Local 17, AFSCME Local 3800, CWA Local 7250, Unidos MN, ISAIAH, and many more.
Coming together around the question “What could we win together?” this broad cross section of Minnesota’s working class decided to go on the offensive, developing a set of guiding principles over months, made possible in turn by years of relationship building through street uprisings and overlapping crises.
Shortly after we spoke that day, Villanueva and her colleagues felt that collective power manifest: reaching a tentative agreement with their employers after months of bargaining. The strike they’d authorized to begin March 4 would not be necessary: they won a 17% increase in base pay, an improved healthcare plan, more paid time off, and their first-ever paid holidays on Thanksgiving and Christmas.
The next day, the building security workers who were negotiating nearby on the same property, also reached an agreement, one that included pay raises of up to 27%, employer-paid 401Ks, and a Juneteenth paid holiday.
What is happening in the Twin Cities could be a powerful model for the working class everywhere: a movement ecosystem whose members show up in deep solidarity across differences, that thinks strategically and builds for the long term while maximizing its current power. That understands workers are also renters, neighbors, people who want a livable city and climate — and that they can exponentially amplify their power by acting together.
“We have learned over and over again,” Local 26 President Greg Nammacher explained, “when we try and push for justice in each of our own separate lanes, we are not as successful as if we push for justice together across our different organizations.”
“In a way it’s fun, to be all together,” Villanueva told me.
This is a segment of a blog that originally appeared in full at In These Times on March 2, 2024.
About the Author: Sarah Jaffe is a Type Media Center Fellow, co-host (with Michelle Chen) of Dissent magazine’s Belabored podcast, and a columnist at The Progressive. She was formerly a staff writer at In These Times and the labor editor at AlterNet.
Learn about labor unions’ rights at Workplace Fairness.
]]>
Andrea Villanueva was in bargaining five days ago, negotiating a new contract for herself and 500 other retail janitors who clean some of the Twin Cities’ most recognizable stores. A group of building security workers, also members of Villanueva’s union SEIU Local 26, were also in negotiations in the same building. The workers bumped into one another in the hallways as the day went on — stopping to cheer each other on and express their solidarity.
Local 26 is just one of a major network of unions and community groups in Minneapolis and St. Paul that lined up bargaining processes for new contracts — and in some cases, strike votes — around a March 2 deadline, deliberately set in order to maximize their leverage and win collectively-determined community demands around four key issues: dignified work, stable housing, a livable planet and good schools.
That deadline is today, and a rolling Week of Action that will likely include thousands of workers on strike, street protests, and art and theater events, is set to begin.
In this collective effort, Local 26’s 8,000 members are joined by thousands of others: teachers and school support workers, care workers from 12 nursing homes, parks and public service employees, transit drivers, construction workers, restaurant staff, and community groups organizing around housing and climate justice. Before March 2, 15,000 workers had taken strike votes and though some of them have settled, some 10,000 may still walk off the job this week.
They’re members of groups including SEIU Local 26, St. Paul Federation of Educators (SPFE), SEIU Healthcare Minnesota & Iowa, Amalgamated Transit Union (ATU) Local 1005, CTUL, Inquilinxs Unidxs por Justicia, Minnesota Federation of Teachers (MFT) Local 59, LIUNA Local 363, Minnesota AFL-CIO, UNITE HERE Local 17, AFSCME Local 3800, CWA Local 7250, Unidos MN, ISAIAH, and many more.
Coming together around the question “What could we win together?” this broad cross section of Minnesota’s working class decided to go on the offensive, developing a set of guiding principles over months, made possible in turn by years of relationship building through street uprisings and overlapping crises.
Shortly after we spoke that day, Villanueva and her colleagues felt that collective power manifest: reaching a tentative agreement with their employers after months of bargaining. The strike they’d authorized to begin March 4 would not be necessary: they won a 17% increase in base pay, an improved healthcare plan, more paid time off, and their first-ever paid holidays on Thanksgiving and Christmas.
The next day, the building security workers who were negotiating nearby on the same property, also reached an agreement, one that included pay raises of up to 27%, employer-paid 401Ks, and a Juneteenth paid holiday.
What is happening in the Twin Cities could be a powerful model for the working class everywhere: a movement ecosystem whose members show up in deep solidarity across differences, that thinks strategically and builds for the long term while maximizing its current power. That understands workers are also renters, neighbors, people who want a livable city and climate — and that they can exponentially amplify their power by acting together.
“We have learned over and over again,” Local 26 President Greg Nammacher explained, “when we try and push for justice in each of our own separate lanes, we are not as successful as if we push for justice together across our different organizations.”
“In a way it’s fun, to be all together,” Villanueva told me.
This is a segment of a blog that originally appeared in full at In These Times on March 2, 2024.
About the Author: Sarah Jaffe is a Type Media Center Fellow, co-host (with Michelle Chen) of Dissent magazine’s Belabored podcast, and a columnist at The Progressive. She was formerly a staff writer at In These Times and the labor editor at AlterNet.
Learn about labor unions’ rights at Workplace Fairness.
]]>Employment education encompasses the essential knowledge and skills that every worker should have. It includes understanding employment laws and regulations, knowing how to effectively communicate in the workplace, having a good grasp of time management, being aware of workplace ethics, and understanding the importance of professional development.
Employment education equips workers with the necessary skills and knowledge to succeed in the workforce. It can help individuals understand their rights and responsibilities in the workplace, as well as how to navigate various employment-related situations. Some essential aspects of employment education include understanding labor laws, knowing how to negotiate for fair compensation, recognizing workplace harassment, learning effective communication skills, and understanding the importance of continuous learning and professional development.
Understanding your rights as an employee is crucial. Here are five essential pieces of employment education every worker should know:
● Labor Laws: These laws govern the relationship between employees and employers, covering issues such as wages, hours, and safe working conditions.
● Employee Benefits: This includes health insurance, retirement plans, and other perks offered by the employer.
● Equal Opportunity Employment: Every worker should understand their right to be free from discrimination based on factors such as race, gender, religion, or disability.
● Workplace Safety: Employees should be aware of protocols and rights related to safety in the workplace.
● Employee Handbook: This document outlines the company’s policies, procedures, and expectations for its workforce.
Employment education resources are widely available for workers seeking to enhance their
skills and knowledge. These resources include:
● Online courses offered by various platforms, such as Coursera, Udemy, and LinkedIn Learning.
● Local workshops and seminars organized by community centers, libraries, and vocational schools.
● Career counseling services provided by government agencies and non-profit organizations.
● Professional development programs offered by employers to their employees.
● Educational grants and scholarships that can help finance further education and training.
The first step in implementing employment education in the workplace is to create a clear and comprehensive plan of action. This includes assessing the specific needs of the employees and identifying the key areas of focus for the education program. Once the goals have been established, it’s important to develop engaging and interactive training materials that cater to different learning styles. This can involve creating a mix of workshops, online courses, and hands-on activities. Regular feedback and assessment should also be integrated into the program to ensure that the education is effective and relevant to the employees’ needs.
]]>Non-compete clauses in employment contracts are agreements that restrict an employee from working for a competitor or starting a similar business for a certain period after leaving their current employer. This is to protect the company’s trade secrets, confidential information, and client relationships. The scope and duration of these clauses vary but are generally designed to prevent unfair competition. Typically, non-compete clauses are more enforceable when they are reasonable in scope, duration, and geographical area, and when they do not impose an undue hardship on the employee.
Non-compete clauses can restrict your ability to work for a competitor or start a similar business after leaving your current job. They are commonly found in employment contracts and can have a significant impact on your future career opportunities. It’s essential to carefully review any non-compete clauses in your employment contract to understand their terms and how they might affect your professional choices. Make sure to consider the potential limitations they might impose before signing any agreement.
Non-compete clauses are generally enforceable as long as they are deemed reasonable in scope, duration, and geographic area. Courts assess these factors on a case-by-case basis. To be enforceable, the non-compete clause should protect a legitimate business interest, not impose an undue hardship on the employee, and not violate public policy. If the non-compete clause is overly broad or unreasonable, a court may deem it unenforceable. It’s essential to carefully review the language of the non-compete clause before signing an employment contract to understand its enforceability.
Non-compete clauses restrict employees from working for a competitor after leaving their current job. They typically include the following key elements:
Understanding these elements is crucial for evaluating the impact of non-compete clauses on your future job opportunities.
Non-compete clauses can limit your ability to work for competitors after leaving a job. They are often enforceable as long as they are reasonable in scope, duration, and geographical area. Here are a few considerations to keep in mind:
Non-compete clauses can restrict your ability to work for a competitor after leaving a job, so it’s crucial to negotiate them carefully. Consider seeking legal advice. When negotiating, propose narrower restrictions for a shorter period. Understand the specific terms of the non-compete clause to protect your future career opportunities.
Non-compete clauses can limit your freedom to find new job opportunities by restricting where and for whom you can work after leaving your current employer. They can affect your career options by potentially preventing you from working in certain industries or geographical areas. Additionally, they may impact your job mobility by making it more challenging to transition to a new job.
If you have concerns about non-compete clauses in your employment contract, it’s important to address them with your employer. It’s best to discuss these clauses with your employer before signing the contract to clarify any potential limitations or restrictions on your future job opportunities. Remember that non-compete clauses vary in their scope and enforceability, so having an open conversation with your employer can help you understand your rights and obligations. Be proactive in seeking clarity, and consider seeking legal advice to fully comprehend the implications of these clauses on your career.
Non-compete clauses in employment contracts can limit your career options after leaving a job. Fortunately, there are alternative ways to protect a company’s interests without imposing such rigid restrictions. Here are some possible alternatives:
Understanding these alternatives can help you negotiate a fair and reasonable employment contract without unnecessarily constraining your future professional opportunities.
To conclude, it’s essential to carefully review and understand any non-compete clauses in your employment contract. These clauses can significantly impact your future job opportunities and career mobility. Make sure to seek legal advice if you have any concerns about the scope or restrictions of the non-compete clause. Remember, it’s important to protect your rights and ensure that the terms are fair and reasonable to you.
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The threat of a government shutdown has become a common event in Washington.
That repeatedly looming prospect can bring worry to federal workers who make sure the planes are flying, the food on the table is safe, the financial markets are not rigged and the homeland is protected, as they can face the possibility of postponed paychecks.
More than 2 million civilians are employed by the U.S. government, and while a shutdown is of special concern to the many federal employees in the District of Columbia and its surrounding areas, these workers have a presence in every state in the union. A prominent West Coast state, for example, is home to more federal civilian workers than the two states that abut the nation’s capital, which itself is home to approximately 160,700 civilian employees for the government. And some Southern states are federal employee hubs.
Notably, government shutdowns also can have trickle-down effects on area businesses like retail stores and restaurants that rely on federal paychecks being partially spent within their establishments. Industries like tourism can take a hit, too, with the shuttering of museums or other attractions.
These are the 10 states with the highest numbers of federal civilian workers, according to figures included in a report from the Congressional Research Service and reflecting data as of March 2023. Uniformed military personnel and federal contractors are excluded.
*Some departments and agencies are excluded. Some agency employees near the nation’s capital are recorded as working in D.C., and some locations are suppressed or withheld. See here for more information.
About the Author: Tim Smart is a U.S. News contributor. Follow him on Twitter, connect with him on LinkedIn or email him at TSmart@usnews.com.
This blog originally appeared at U.S. News on Feb. 28, 2024.
]]>From October 4-6 of 2023, the US experienced the largest healthcare worker strike in our history, when over 75,000 workers with the Coalition of Kaiser Permanente Unions went on a three-day strike against the healthcare giant Kaiser Permanente.
Then, on October 13, after warning that more strikes could be coming if a deal wasn’t reached at the bargaining table, healthcare workers scored a major victory and reached a tentative agreement with Kaiser, which the union membership, accounting for over 85,000 Kaiser Permanente workers across the country, voted to ratify in early November.
As the Coalition of Kaiser Permanente Unions stated in a press release upon the contract ratification, “In a historic victory for frontline healthcare workers, more than 85,000 Kaiser Permanente workers have overwhelmingly voted to ratify a new contract that will bolster patient safety, make critical investments in the healthcare workforce, and set a higher standard for the healthcare industry nationwide.
Approved by a margin of 98.5%, the four-year contract is in effect from October 1, 2023, to September 30, 2027, at hundreds of Kaiser facilities across California, Colorado, Oregon, Washington, Hawaii, Maryland, Virginia, and the District of Columbia.”
In this mini-cast, we speak with Meg Niemi, President of SEIU Local 49, and Audrey Cardenas, a benefits support specialist at a Kaiser dental office in Oregon, about how Kaiser healthcare workers took on the bosses and won this new contract, and what that is going to mean for workers and patients alike moving forward.
This is a description from a podcast recording that originally appeared at In These Times on Feb. 28, 2024.
About the Author: Maximillian Alvarez is editor-in-chief at the Real News Network and host of the podcast Working People, available at In These Times. He is also the author of The Work of Living: Working People Talk About Their Lives and the Year the World Broke.
]]>The immigrant share of the labor force reached a record high of 18.6% in 2023, according to an Economic Policy Institute analysis of Current Population Survey (CPS) data from the Bureau of Labor Statistics.
Anti-immigration advocates have been out in full force, using the growth of immigrant labor as a talking point for deeply misguided commentary and analysis that roughly translates to “immigrants are taking all our jobs.”
The reality is that the economy does not have a fixed number of jobs, and what we see today is a growing economy that is adding jobs for both immigrants and U.S.-born workers. Here are six key facts that show immigrants are not hurting the employment outcomes of U.S.-born workers:
As these six facts show, the idea that immigrants are making things worse for U.S.-born workers is wrong. The reality is that the labor market is absorbing immigrants at a rapid pace, while simultaneously maintaining record-low unemployment for U.S.-born workers.
Claiming that immigrants are making things worse for U.S.-born workers is often used as an intentional distraction from dynamics that are actually hurting working people—such as weak labor standards and enforcement, anti-worker deregulation, weak labor law that fails to protect workers’ rights to unions and collective bargaining in the face of coordinated and well-funded attacks, and other dynamics that result in too much power in the hands of corporations and employers.
While there’s no question that the immigration system desperately needs updating so that workers are adequately protected, it’s important to remember that it is employers that underpay and exploit workers based on their immigration status — committing workplace violations against those who lack status at a vastly higher rate than U.S.-born workers. And it is employers that regularly and even systematically steal wages from workers who only have a temporary, precarious status provided by a work visa.
The resulting two-tiered system of rights in the workplace prevents immigrants from asserting and enforcing their rights. Reform efforts in Congress and the executive branch should thus focus on providing status and work authorization to those who lack it and compelling employers to follow the law, rather than more funding for, and draconian measures on, border enforcement, deportations, and detaining immigrants.
If those who mischaracterize immigration as bad for the economy and for U.S.-born workers really care about improving wages and working conditions for U.S.-born workers, they should focus on pushing for labor law reform and strong labor standards and helping ensure that all workers — regardless of immigration status — have equal and enforceable rights in the workplace.
About the Authors: Daniel Costa and Heidi Schierholz contributed this blog to the Economic Policy Institute.
This blog originally appeared at the Economic Policy Institute on February 20, 2024.
]]>It’s a presidential election year. Are you happy? Excited? Ha. Of course not. Election years in America are fueled far more by fear and loathing than by any sense of genuine inspiration. For many of us, political news inspires a vague sense of disgust and a desire to tune it all out. The more politically engaged you are, the more you understand the awful stakes if the other side wins, and the more you fill with dread. Most of the time, the majestic American democratic project is an exercise in manipulative rhetoric, fearmongering, and, at best, a choice of Lesser Evils.
Much of this is hardwired into our inflexible two-party system. Left (and right) wingers are forced into power struggles against hostile party establishments. Any average person with common sense understands that they are treated primarily as props for candidates who are funded by wealthy interests.
Lowest common denominator issues rise to the top of the conversation due to their ability to scare elderly cable TV viewers. Electoral politics are dispiriting. Yet we are taught that they are the sole arena for political action, the culmination of all activism, the place where all ideologies must meet to compete for power.
Allow me to suggest a different idea for all of you politically passionate but frustrated people out there: Unions. I don’t just mean unions as workplace entities, or even as normal players in the universe of special interest groups. I mean that unions can replace the role that political parties now occupy in our nation. Politicians can be satellites of unions, rather than their masters. Electoral politics, that thankless vampire of America’s civic engagement, can assume a new and healthier position at the foot of organized labor. The first step to this transformation is simply shifting your own perspective.
Try this: Take the mental and emotional energy, the time and the effort, the money and the resources that you dedicate to electoral politics and move it into unions.
Take the time that you might have spent door knocking for a candidate and use it to launch an organizing drive at work. If you have a union, get more involved. Run for an elected position in your local. Reach out and help people at non-union workplaces organize. Agitate for your union to hire more organizers. Go to committee meetings and advocate for important endorsements. Find a great candidate for union president and go to the union convention on their behalf.
Go to a picket line. Fight for a contract. Yell at the AFL-CIO. Take your passion that has so long been frustrated by our broken political festival of lies and dedicate it to making the labor movement stronger.
It may sound like I am writing politics off in some naive belief that the decisions on Capitol Hill don’t matter. Not at all. What politicians do matters quite a bit. I am not suggesting that you ignore politics — I am offering up a better way to change it.
Though it may seem unlikely when you consider the past half century’s long, slow decline of union density, there are very good structural reasons to believe that reviving labor power is a more productive way to improve this nation’s political outcomes than almost anything else that you could do.
Instead of thinking of politicians and laws as the prime movers of the policies that determine how working people will live, think of the much more appetizing vision of politicians as humble employees who must bend the knee to working people in hopes of getting our support.
This is not an impossible vision. It is the natural product of the realization that political power can come from labor power. Not vice versa.
Though this seems like an elementary distinction, it’s not. It is a simple shift in perspective, but not an easy one — the most powerful institutions in organized labor have, for the most part, not even adopted it themselves. For many decades, the portion of Americans who are unions members has been going down, and the amount of money that unions spend on electoral politics has been going up. During that time, the power of the working class has inexorably declined. They say the definition of insanity is doing the same thing and expecting different results. Time to try something new.
Strikes are stronger than laws. The ability of workers to withhold their labor will shut down the engines of commerce no matter what any court or politician says. Stronger worker power — meaning higher union density, millions more union members, more strikes, and more radicalism — will bend politics in a progressive direction whether political parties like it or not.
As I write in my new book “The Hammer,” there are countless examples of unions that practice this principle well on state and local scales. The Culinary Union in Las Vegas has made hotel room cleaners and cooks into legitimate political power players by unionizing the entire casino industry, and then continuing to organize internally to keep members mobilized and ready to fight. Their parent union, Unite Here, does the same thing to varying degrees in cities around the country.
After all, if you organize the workers at the airports and the stadiums and the hotels and the convention centers, you have your hands wrapped around the throat of any tourist city’s vital economic organs.
That labor power is political power. That labor power is leverage to raise the standard of living for every working person. That labor power cannot be brushed aside by a politician, or silenced by a large donation from a corporation. It is a fact of the world. The effort that it takes to build and maintain that labor power is infinitely better spent than the same amount of effort lobbying and schmoozing with officials would have been.
Organizing workers is politics. It is the version of politics that works. My entire lifetime has been spent watching the power of the working class go down. We don’t need to keep doing this forever. We need big unions and the AFL-CIO to pour resources into new organizing in order to raise union density, yes — but there’s no need to wait around on them forever to make the right decision.
This is a change that you can make in your own life. A kind of enlightenment, if you will. A political party will never work for you in the same way that a union will, because you are at best a customer in the view of the political party, whereas you are the union. Spend your precious hours organizing. Make your union strong, engaged, and democratic. Help the 90% of working people who aren’t union members get a union of their own. Turn off CNN and focus on the labor movement.
This is not a call for nihilism, but rather a guarantee: If you do this, not only will you be more fulfilled personally, but you will find as time goes on that the political changes you sought will be easier to come by. Instead of asking politicians to change the conditions of the world, build enough labor power to change them yourself. Politics after labor power. Politics from labor power. Politics in thrall to labor power.
Give it a try. You have nothing to lose but another year of agonized wailing at your TV.
This blog originally appeared at In These Times on February 14, 2024.
About the Author: Hamilton Nolan is a labor writer for In These Times. He has spent the past decade writing about labor and politics for Gawker, Splinter, The Guardian, and elsewhere. More of his work is on Substack.
Learn about your legal rights regarding labor unions at Workplace Fairness.
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The statistics on trucking hazards are staggering. According to the Occupational Safety and Health Administration (OSHA), trucking is the deadliest occupation in the United States. Workers in the trucking industry accounted for 11% of all US worker deaths in 2017. Truckers also had the third highest rate of non-fatal injuries across all sectors of the US.
The facts are sobering, but there’s also plenty of good news. Today’s smart tools and technology have the potential to mitigate danger better than ever before. AI-assisted monitoring systems are one of the best approaches to keeping drivers safe on the road.
Let’s explore the benefits of AI-assisted monitoring systems and explain how they can reduce accidents.
Also known as driver behavior monitoring, this approach monitors both driver performance and overall driver attentiveness.
An in-cab camera pointed at the driver’s face tracks head position, eye gaze, and even pupil dilation for signs of fatigue. The system collects data so that managers can see which drivers need to improve their performance or receive extra safety coaching.
Facial detection technology uses machine vision to identify subtle signs of fatigue on drivers’ faces. The tools flag indicators like excess yawning, closing eyes, and tilting or nodding heads.
Wearable sensors (like bracelets) can also track drivers’ breathing patterns, heart rate, and body temperature. Changes in these biometrics can give early warning signs that a driver is about to drift off.
Fatigue detection tools can be paired with alarms so that drivers are alerted whenever they’re about to fall asleep.
Facial detection technology can monitor for distraction, as well as fatigue. The tools monitor drivers’ head position and even track where their gaze is focused. If drivers take their eyes off the road, a good distraction monitoring system can issue an alert.
AI-powered tools digitize and automate the compliance tracking process. Managers can replace their old paper-based records-keeping system and eliminate human error.
The best compliance tracking tools store all of your data in one central location so that managers can analyze data and see exactly where they need to improve safety measures. Compliance tracking tools can also issue reminders about renewal dates and can auto-complete tedious paperwork, leaving managers free to focus on other safety measures.
Telematics supplies managers with detailed information on how well drivers brake, accelerate, and change lanes. When you add a layer of AI, a good telematics system can analyze that data and create insights into driver behavior.
AI-powered fleet telematics can analyze individual drivers’ acceleration patterns, compliance with regulations, and braking patterns. These systems can pinpoint exactly where drivers need to improve so that managers can make safe decisions about staffing, scheduling, and training.
AI excels at analyzing data and identifying patterns. Predictive analytics harnesses that capability and uses it for forecasting.
Predictive analytics can make realistic estimates about traffic conditions, activity levels, and average speed on roadways. The tool can help drivers choose safe roads to travel on and can warn them when they need to exercise more caution.
The transportation industry is experiencing major labor shortages, which are expected to continue. Just as important, the industry is facing an expertise gap – older, experienced drivers are reaching retirement age, leaving younger drivers without the mentors they need.
AI-assisted technology can help fill the expertise gap. The tools discussed in this article can help drivers stay alert, identify their weaknesses, and make smart decisions about routes. These tools can also help managers make the best possible use of their time. The result? Safer drivers, reduced accidents, and a drop in service failures.
This blog was contributed directly to Workplace Fairness. It is published with permission.
About the Author: Graham Perry has worked in the logistics industry for over 25 years. He has worked with companies such as Werner Enterprises and Samsara, and he currently writes for businesstechinnovations.com He is an expert on fleet and transportation best safety practices.
]]>As the U.S. government helps arm and fund the genocide in Gaza carried out by the Israeli military, the connections between global capitalism and the war machine have become abundantly clear.
Yet, for most U.S. workers, the atrocities facing Palestinians can seem disconnected from everyday life.
The starvation Gazans face after Israel’s systematic denial of food and water shipments, for example, isn’t directly felt by the agricultural worker harvesting chickpeas in Idaho.
The airstrikes that have murdered at least 25,000 Palestinian children have all been detonated too far away to be felt by the nurse at Penn Hospital in Philadelphia. The bulldozers that crushed civilians outside Kamal Adwan Hospital don’t profoundly threaten the machinist leaving her shift at Caterpillar in East Peoria, Ill.
The fact that Israel is risking the permanent destruction of Gaza’s only water aquifer — if the military follows through on its threat to pump seawater into Hamas’s tunnel system — didn’t factor into my work as a union plumber as I pumped thousands of gallons of high-pressured potable water down sewer lines to clear blockages.
The shop is still open. We have bills to pay, so we go to work, same as always, just trying to get by in an economy where it has become increasingly harder to do so.
So when the average working person in the United States sees the extreme violence Israel is inflicting on Palestinians half a world away, I think they can be forgiven for telling themselves it has little to do with them.
But the truth is, it has everything to do with us.
The agricultural worker in Idaho may not realize it, but the chickpeas he harvests may be sold to Sabra—jointly owned by PepsiCo and the Strauss Group, Israel’s largest food and beverage manufacturer. Penn Hospital is partly funded by donors to the University of Pennsylvania, some of whom have threatened to pull their donations because they think school officials haven’t done enough to quiet pro-Palestinian voices on campus. The bulldozers that crushed displaced Palestinians as they hid in their tents in Gaza were Caterpillar D9Rs, manufactured in East Peoria.
While I was on the job clearing out those sewer lines here at home, in Gaza, at least 96% of the enclave’s water supply was unfit for human consumption and only 30% of the population had access to proper sanitation. The taxes I pay, along with other working people across the country, are used to fund arms and military aid to Israel.
It is imperative for all of us to make these connections clear. Instead of spending on housing programs, healthcare, childcare and abolishing student debt, the U.S. government has spent $3.8 billion annually in military aid to Israel, money that has gone to enrich weapons manufacturers and corporate bosses who profit from colonial violence abroad.
The Palestinian General Federation of Trade Unions put out a call for international solidarity not long after the siege on Gaza began in October 2023. A global movement of workers and labor unions together pushing back against the ongoing genocide has the power to pressure Israeli-affiliated companies to divest from supplying the Israeli war machine — and could force politicians to back away from their unconditional support for Israel and demand an immediate cease-fire.
The list of U.S. labor unions that support the Palestinian cause is growing, from the American Postal Workers Union and the United Electrical Workers to United Food and Commercial Workers Local 3000, Service Employees International Union Local 1199, the California Nurses Association and the United Auto Workers.
“It is a product of our belief in humanity that innocent civilians must be protected,” UAW President Shawn Fain said this past December at a D.C. press conference calling for an end to the violence in Gaza. “We cannot bomb our way to peace. The only path forward to build peace and social justice is a cease-fire. As the UAW, we take pride in our history of standing up for justice at home and around the world. The world has seen enough slaughter and devastation.”
Unions have also demanded Democratic politicians (who count heavily on the labor movement for support) stop taking money from the American Israel Public Affairs Committee, an the Israel-at-all-costs organization preparing to spend exorbitantly in the upcoming election cycle to oust politicians openly calling for a cease-fire, including Reps. Cori Bush (D-Mo.), Summer Lee (D-Pa.) and Rashida Tlaib (D-Mich.).
While our numbers grow, many more workers still need to join the struggle. Meanwhile, the ruling class in Israel sees in Gaza a ripe opportunity to expand their geopolitical and economic power. This past December, calling openly for the forced removal of the majority of the Palestinian population from Gaza, Israeli Finance Minister Bezalel Smotrich remarked that “most of Israeli society will say, ‘Why not, it’s a nice place, let’s make the desert bloom, it doesn’t come at anyone’s expense.’”
Because they are so heavily intertwined, anything that benefits Israel’s ruling class mutually benefits the American ruling class. As our exploitation increases, our common enemy — the ruling class of bosses and billionaires — grows stronger and more formidable. We must do everything within our power to end this genocide now.
This blog originally appeared at In These Times on February 13, 2024.
About the Author: Paul Stauffer is a union plumber and writer from Peoria, Illinois.
]]>January is Human Trafficking Prevention Month, a month when we turn special attention to raising awareness about human trafficking, but every day the Department of Labor is working to combat labor exploitation and human trafficking.
Human trafficking is a crime involving the exploitation of someone to compel their labor or a commercial sex act through force, fraud or coercion. If anyone under 18 is induced to perform a commercial sex act, it is a crime regardless of whether there is force, fraud or coercion.
In 2021, the department helped expose a trafficking case where more than 100 workers from Mexico, Guatemala and Honduras were fraudulently brought to the U.S. through the H-2A agricultural work visa program. They were coerced into performing physically demanding work in Georgia, Florida and Texas, including being required to dig onions with their bare hands. Workers toiled for little or no pay – in some cases just 20 cents for each bucket harvested. Traffickers threatened the workers or their families with violence and deportation, forced the workers to pay illegal fees, and held them in cramped, unsanitary work camps.
Traffickers exploit a worker’s vulnerabilities. Although anyone can be subjected to forced labor, some groups are at heightened risk, including foreign workers on temporary visas, people experiencing poverty and economic hardship, and undocumented workers, among others.
These examples also illustrate many of the signs of trafficking: poor living conditions, debt owed to an employer or recruiter, a worker feeling pressure to stay in a work situation that they would like to leave, and more.
The Department of Labor, through our work to enforce federal labor laws such as minimum wage, overtime and workplace safety laws, is often the first law enforcement agency on a worksite and in a unique position to detect and refer instances of potential human trafficking.
Staff in the department’s Wage and Hour Division and the Occupational Safety and Health Administration are trained to look for indicators of trafficking and make referrals to other agencies. The Wage and Hour Division also calculates restitution for victims of trafficking when requested by the Department of Justice. The Department of Labor’s enforcement work is also a critical tool in addressing labor abuses and exploitation before the situation deteriorates into labor trafficking.
The Wage and Hour Division and OSHA also have tools to aid workers and strengthen our enforcement work, including completing U and T visa certifications for workers who have been victims of certain crimes, including trafficking.
In September, Acting Labor Secretary Julie Su and the Department of Labor inducted into the Hall of Honor a group of Thai garment workers who helped expose their former employers’ abusive labor practices by building their power and exercising their rights. Their efforts and case ultimately helped spur the creation of the U and T visas.
Through the Employment and Training Administration, the department also helps survivors of trafficking access economic opportunities and reenter the workforce through individualized career services.
The administration also plays an important role in preventing human trafficking in the temporary foreign worker programs through the foreign labor certification process, which is designed to ensure the admission of temporary foreign workers does not harm the opportunities, wages, and working conditions of U.S. workers. And the Monitor Advocate System supports migrant and seasonal agricultural workers, an industry where trafficking occurs at higher rates, including through outreach and a complaint system.
Internationally, the Bureau of International Labor Affairs researches and provides funding and technical assistance to address forced labor and child labor around the world. The bureau’s work highlights how human trafficking exists in nearly every country and across our supply chains, from palm oil plantations in Malaysia and Indonesia, to call centers in Thailand and Taiwan, to growing climate-related trafficking. In September, for the release of their annual flagship report on child labor in 131 countries and territories, the bureau hosted an event focused on lessons from global child labor enforcement.
Across the federal government, agencies are collaborating and strengthening our collective work to combat human trafficking as part of the National Action Plan to Combat Human Trafficking.
Every day, the Department of Labor is working to ensure that the economy is built from the middle out and the bottom up, but central to building high road jobs is combating the low road.
When we work to prevent and combat human trafficking, we build a fairer economy and help make workplaces better for everyone, everywhere.
About the Author: Trudy Rebert is a policy advisor in the Office of the Assistant Secretary for Policy.
This blog originally appeared on the U.S. Department of Labor blog on January 31, 2024.
]]>From securing the stadium and managing logistics to planning entertainment and coordinating with media, the effort that goes into organizing the Super Bowl is enormous. Yet, amidst the hype and anticipation, it’s the often-overlooked workers who prove indispensable in making the Super Bowl possible.
Stadium staff, hotel and casino personnel, restaurant and bar staff, transportation workers, retail employees, caterers and thousands of temporary workers play crucial roles. Unfortunately, the low-wage workers who make the Super Bowl possible are often at risk of wage theft, labor trafficking, illegal child labor and other labor violations.
The Wage and Hour Division works hard to protect workers in low-wage industries, and we’re staying vigilant in Las Vegas as the Super Bowl approaches. That’s why we’re on alert for any signs of wage theft, labor trafficking or other types of worker exploitation, such as:
We’re committed to fostering partnerships with anti-trafficking organizations and law enforcement agencies to uphold worker protections. During the previous two Super Bowls in Phoenix and Los Angeles, we engaged in outreach activities, enforcement and social media to raise awareness of workers’ rights.
Last year, we collaborated with Arizona’s Multi-Agency Coordination Group to ensure the rights of workers associated with the Super Bowl were protected. We also worked with the Small Business Administration to provide compliance assistance to employers through the NFL Legends Business Network. Finally, we collaborated with Chicanos Por La Causa to develop strategies to prevent and identify human trafficking and labor exploitation in Arizona.
In Las Vegas, we’ll continue safeguarding worker protections before, during and after the Super Bowl. We recently signed a Memorandum of Understanding with the Nevada Office of the Labor Commissioner, which strengthens our cooperation to combat wage theft and educate employees and employers on their rights and responsibilities in the workplace. Our Las Vegas office – a member of the Southern Nevada Human Trafficking Task Force – is also collaborating with the It’s a Penalty campaign to prevent abuse, exploitation and human trafficking at the Super Bowl.
Fans and workers in the Las Vegas area can help us protect workers’ rights by reporting violations and spreading awareness.
Report violations of minimum wage, overtime and child labor laws confidentially at 1-866-4-US-WAGE (487-9243) or on our website. If you suspect human trafficking, please call the National Human Trafficking Hotline at 1-888-373-7888 or text 233733. Tips can be reported anonymously.
This blog originally appeared in the blog section of the U.S. Department of Labor’s website on February 7, 2024.
About the Author: Gene Ramos is the district director in the Wage and Hour Division’s office in Las Vegas, Nevada. Follow the division on LinkedIn and on X at @WHD_DOL.
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While 2023 was a busy year for workers as the year of the strike, it appears New York State and New York City legislatures also had their schedules full, as they introduced an array of employment laws and updates. Read on to learn about the most notable changes.
Employers in New York state who have four or more employees now must include a salary or a salary range in job posts. The pay range cannot be left open-ended, such as “up to 50k annually.” They also are required to disclose whether the job is paid based on commission. This pay transparency law, the FARE Grant, became effective in September 2023.
This law is meant to promote fairness for workers (like us at Workplace Fairness!) by providing them with crucial job information up front. The days of employers hiding wage amounts until job seekers ask them are over.
The NY Department of Labor has fact sheets and answers to frequently asked questions online here.
Senate Bill S5640 added Section 203-f to the New York Labor Law in mid-September to broaden intellectual property (IP) protections for employees. IP refers to patents, trademarks, copyrights, and trade secrets. The new law limits employee assignment of invention clauses, prohibiting employers from requiring workers to assign their inventions that were created on personal time with personal resources.
Most employers were likely complying with this restriction before it became law, though they should review their employment agreements to be sure that they are now.
New York Governor Kathy Hochul signed the ”Freelance Isn’t Free” Act into law in November. The Act — which will take effect on May 20, 2024 — expands protections for freelance workers and builds on a 2016 NYC law with the same name.
Most importantly, the Act gives freelancers rights to a written contract and to full and timely pay. It also protects them from retaliation and discrimination based on exercising these rights. The Act applies to freelancers who are paid $800 or more for their services.
A model contract is available on the Department of Labor website for freelancers to use.
The Act is enforceable by either a freelance worker bringing a private lawsuit or by the Attorney General bringing suit on their behalf.
Workplace Fairness explains laws regarding gig workers, including freelance workers, here.
Senate Bill S02518A added Section 201-I to the New York Labor Law, prohibiting New York employers from asking or requiring job applicants or employees to share their login information for social media and other personal accounts. This is meant to protect workers’ privacy. However, the law does not apply to accounts that are used in whole or in part for business purposes. It also does not bar employers from accessing devices that they pay for, though they still may not access an employee’s personal accounts on those devices.
Learn more about workers’ privacy rights here.
The New York Penal Law was amended to include wage theft as a type of criminal larceny, punishable by fines or imprisonment. Employers who fail to pay promised wages and overtime may be guilty of a misdemeanor. This law supplements NY Labor Law Sections 198-a and 662, other criminal wage theft statutes.
Visit our pages on unpaid wages to learn about workers’ rights.
New York Labor Law Section 201-d was amended to prohibit employers from requiring employees to attend employer-sponsored meetings that are primarily held for an employer to express their religious or political beliefs or concerns. Employers also cannot retaliate against employees for refusing to attend such meetings. However, casual conversations and communications necessary to perform job functions are permissible even if they relate to religion or politics.
Senate Bill S4878A amended New York Labor Law Section 590, which became effective in November. It requires New York employers to provide written notice of the right to file for unemployment benefits to all employees who are terminated or whose work hours were reduced to the point that they qualify for unemployment benefits. The notice must meet specific requirements. The New York Department of Labor shared an example notice online that employers may use.
A New York bill that was proposed to ban most non-compete agreements garnered a lot of media attention in 2023. However, Governor Hochul vetoed it in December. She urged instead for legislation that protects middle and lower-class workers while considering the potential benefits of non-competes for companies that pay high wages.
Visit Workplace Fairness’ page on non-compete agreements to learn more about them and how they are often restricted.
The New York City Department of Consumer and Worker Protection (DCWP) adopted final rules that regulate the use of Automated Employment Decision Tools (AEDTs). AEDTs include AI employers may use in selecting new employees, giving promotions, and evaluating workers’ performance. The rules address bias concerns, requiring the tools to be audited to prevent discrimination. Part of the changes, Local Law 144 requires the tools be audited. This is meant to address concerns about bias and discrimination by AI.
Visit the Workplace Fairness Q&A to learn about AI in the workplace and hiring process.
New York City heavily amended its Earned Safe and Sick Time Act (ESSTA). There are detailed changes to provisions regarding employee eligibility, notice requirements, recordkeeping, and more. Learn more about the updates here.
Beginning in July of 2024, New York City employers will be required to provide all employees with specific notices of their legal rights. This stems from a bill known as the “Workers’ Bill of Rights” that was passed by the New York City Council in 2013. It became law in December. The exact notice that employers must distribute has not yet been published but will be created by the New York City Department of Consumer Affairs and Worker Protection (DCWP) along with several other commissions.
More information about the new law is available here. Additionally, Workplace Fairness provides guidance on who is entitled to sick leave and overviews state and local laws related to sick leave.
In New York City, height and weight are now protected characteristics that cannot be the basis for discrimination in employment, housing, and public accommodations. Local Law 061 amended the NYC Human Rights Law to this effect. This sets the city apart from federal law and many state laws, which almost never provide bases for height and weight to be discriminated against. However, there are exceptions that would still permit discriminating against a person’s height or weight, including when it may prevent them from performing their necessary job functions.
Visit the Workplace Fairness website for more information on employment discrimination.
This blog was contributed directly to Workplace Fairness. It is published with permission.
About the Author: Madeline Messa is Workplace Fairness’ legal content coordinator. She graduated from Syracuse Law in December of 2023.
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Microsoft joined a list of big tech companies that announced major layoffs at the start of 2024.
The technology company plans to cut about 9% its Gaming Unit headcount, amounting to 1,900 laid off workers, according to a memo obtained by CNBC.
Earlier this week, EBay said it plans to let go 1,000 employees, or 9% of the company’s staff. These announcements join a flurry of layoffs from tech behemoths like Amazon and Google.
Amazon let go of 30 employees in its Buy with Prime unit while Google has more job cuts slated for the year after paring its headcount of central engineer and hardware workers.
Meanwhile, SAP, the German software company, plans to offer job changes or voluntary buyouts for 8,000 employees as part of its restructuring program for 2024.
With all these recent layoffs, if you find your company aims to carry out voluntary buyouts, there are a few things to consider before you accept.
“Buyout regret is real,” said Suzy Welch, a career expert and CNBC contributor. “People take them in the moment. They think, ‘The money’s good, and ‘Non-voluntary layoffs are going to be next.’”
If you ever receive a buyout deal, first assess the value of the financial package.
“How many months of severance pay will you get? Will you have health coverage and for how long? How will your retirement benefits be affected?” said Julia Pollak, chief economist at ZipRecruiter.
Afterwards, see if there’s room for negotiation, experts say. For example, explore options to work fewer hours or find ways to boost your buyout deal, they advise.
“Management is not expecting 100% acceptance.” Welch said. “Maybe a deal can be struck for different [or] less work so you can keep doing what you love.”
Ask if you can stay in your job under different leadership or on a different team, Pollak added.
If not, seek an additional month or two of severance pay based on your performance and tenure, or an extra six months of health insurance coverage, she said.
“These kinds of improvements can be worth a great deal of money and have a large effect on your financial situation during your job search,” Pollak said. “Try to negotiate a departure on the best possible terms, with the longest possible benefits coverage and severance pay, or largest possible lump sum payout.”
The worst possible outcome is if the only alternative to the buyout is being involuntarily terminated without the benefits, Pollak explained.
“Always make sure you get a written letter of recommendation and not the promise of one before signing the dotted line,” Welch said.
This blog originally appeared at CNBC on January 25, 2024.
About the Author: Ana Teresa Sola is a personal finance reporter with CNBC.
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If you teach, your absolute worst nightmare is that something tragic happens to your students. Teachers don’t just think about students when they are in front of us; we think about them throughout each day and night. They are a central part of our lives.
When a young person steps into our classroom, the first thing we do is work to connect. That’s the best way students learn. When a student doesn’t live up to their own potential, we take it personally. We obsess about what went wrong.
Caring about students also means deliberately caring about the world we are helping them grow into. It has never been enough to only teach students when they are in the classroom; we have to advocate for them all the time.
For too many of us teachers, we have also had to wrestle with how to respond when something tragic happens to our students. And tragedy strikes at a devastatingly regular pace. Losing one student is unbearable; I’ve lost almost a classroom over my 17 years, from intra-communal violence, police violence and tragic accidents. Thinking about and seeing the pain their families experience is soul-shattering.
Fundamentally, educators are really only in this profession because we care so deeply about young people and the promise they hold — not in our communities, but across the globe.
Watching what is happening in Gaza has been soul-shattering too. Some 10,000 children have been killed since October 7; many are now without parents; some have been held hostage. Every one of them is someone’s child, someone’s loved one, someone’s student.
I’ve been told directly that teachers need to stick to teaching, that international matters aren’t something we should talk about, and that educators don’t have any clue or right to comment on issues that may seem so far away.
But we know what it is like to lose students, to see young people suffer. Whether that child is in Chicago, Israel, Palestine or anywhere in the world, we don’t want anyone else to experience this pain. My partner encouraged me to finally start therapy because I lost so many students that I was no longer able to cope with seeing the empty desks, the social media eulogies, the funerals.
That’s why, for the first time in the history of the Chicago Teachers Union (CTU), we approved a resolution on November 1 to improve how we support students during world conflicts. That’s why we also approved another resolution, to add our name to a letter with other unions calling for an immediate cease-fire in Israel and Palestine. This decision wasn’t impulsive; our members met and thoroughly considered and discussed the various angles and issues. Our hundreds of delegates, all educators, further discussed and voted democratically. The support was nearly unanimous.
But I also need to note that, even though there was so much support, this decision wasn’t easy. Union leadership is in agreement with the resolution at its core, but it is naturally concerned about potential blowback — blowback we have seen come to so many people and organizations who have called for an end to the violence, blowback that our union has received because many on the Right are upset with what we’ve been able to achieve.
A big part of our motivation is that we know our students are watching the same videos and seeing the same news on TikTok and Instagram as we are. We can’t pretend like the issue is not affecting their lives, and we can’t pretend like youth in the United States don’t overwhelmingly want the violence to end. As always, our students are watching us and seeing if we will teach about what is happening. They know we’re not robots, and they wonder what our values are.
This is a segment of a blog that originally appeared in full at In These Times on January 18, 2024.
About the Author: Dave Stieber has taught high school social studies and poetry for Chicago Public Schools for almost two decades. He is a National Board Certified teacher with a master’s in Urban Education Policy. His partner is a Chicago Public Schools teacher and their two children attend Chicago Public Schools.
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As artificial intelligence alters the educational landscape, the way workers earn credentials and qualifications could change as well.
Accessible generative AI has the potential to help people see new possibilities for themselves and upskill their professional expertise at a faster rate, experts predict, potentially making career transitions more achievable across jobs and even industries.
According to Lareina Yee, senior partner at McKinsey, people with less tenure or years of experience are particularly embracing AI technology. “It accelerates their ability to demonstrate expertise,” Yee said. Strategic AI usage can speed up the time it takes for workers to reach peak performance in their role, which often makes up the first year of a job in corporate America, she said.
“If you’re able to climb that expertise ladder faster, you’re able to meet your objectives better, you’re able to do a better job,” Yee said. “Maybe it helps you with your performance review. Maybe it helps you get promoted faster. Maybe it just helps you enjoy your job.”
According to a McKinsey report from 2022 based on a decade of data, role transitions are inherent in labor markets. With increased human capital (or what McKinsey defines as “knowledge, attributes, skills, experience and health” of the worker) comes greater potential for upward mobility. The report found that about half of people who moved roles got pay increases; those same people increased their earnings upwards of 45% with each transition.
Karen Panetta, a fellow at the Institute of Electrical and Electronics Engineering, and dean of graduate education at Tufts School of Engineering, agrees that AI is going to change the nature of work in the future. She says one thing AI will succeed at is removing the obstacles to exceptional learning. With these technological advancements, the barriers to entry may lower for fields that currently require expensive schooling to achieve. “That’s definitely going to be a game changer,” Panetta said.
Sal Khan, founder of the free online non-profit educational platform Khan Academy, recently launched Khanmigo in partnership with OpenAI. The generative AI platform dubs itself a “tutor for learners” and an “assistant for teachers.” In the podcast “Unconfuse me with Bill Gates,” Khan cites the inaccessibility of live tutors for all students as a key reason why AI assistance can help students reach their educational benchmarks and, eventually, access professional opportunities they may not have otherwise been able to know about.
Meanwhile, nonprofit organization All Star Code had a scholar visualize themselves progressing in their tech career over the next decade by creating a 30-second video using generative AI platform Runway. Sometimes, simply envisioning possibilities is enough to make a difference in a young person’s long-term trajectory.
Career transitions positively impact people’s lives through increased job satisfaction and upward class mobility, and AI has the potential to help people achieve this by democratizing learning. “It’s so accessible to everybody,” Yee said. “It’s not something that just data scientists have access to, which is how analytical AI felt before last year.”
It will take time for the reshaping of credentialing to catch up and for hiring professionals to make room for AI-enabled learning in lieu of traditional educational systems. Even then, becoming qualified for a role and finding your way into the industry are two different things.
Even with AI assistance, it’s humans who make the final hiring decisions. To fully transition careers when not self-employed, one must be hired. There lies the ultimate caveat in AI-enabled career transitions. Panetta feels like the human role in hiring — regardless of the qualifications of candidates — will play a potentially bigger role in career transitions. “At the end of the day, it is a human being that decides whether or not to hire someone,” she said. “Bias gets propagated to the output.”
Panetta says the bias that humans feed hiring-assistive AI to note desirable characteristics in employees doesn’t always capture the full breadth of success scenarios. “They haven’t built the ground truth of training the AI to see all the different scenarios,” she said. “That’s where we see it falling apart.”
Still, with the increased capabilities for AI to help people envision new futures — whether those people are young students or well-versed professionals — there is a brick knocked down on the wall between what is and what is possible.
Yee says people can even use generative AI to figure out the steps it takes to embark on a particular career (ask ChatGPT what it takes to become a software engineer, for example) or start the learning journey with a platform like Inflection AI and Pi AI.
In her own work as an educator and engineer, Panetta defines AI as “systems that allow us to explain, explore and expand the knowledge of our universe.” As vehicles for that knowledge, people may be inclined to expand what they thought possible for themselves.
This blog originally appeared at CNBC on January 24, 2024.
About the Author: Rachel Curry is a journalist based in Lancaster, Pennsylvania. Her work focuses on finance and technology on a global scale, as well as local issues impacting her community.
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It wasn’t such a merry Christmas for grocery store management in central Minnesota. Five hundred grocery workers in the Brainerd Lakes area walked out on an unfair labor practice strike, deserting five stores between December 22 and 25.
Management tried to keep the stores running, but workers said they turned into disaster zones.
Why did two Cub Foods stores, two Super Ones, and a SuperValu find themselves on Santa’s naughty list last year? Food and Commercial Workers (UFCW) Local 663 charges management with interrogation, surveillance, intimidation, and bargaining in bad faith.
Those misdeeds included infiltrating a WhatsApp group chat for workers and stationing “loss prevention” employees—who normally focus on catching shoplifters—near the store exits to intimidate workers out of participating in walkouts leading up to the strike.
The union’s top bargaining demand is a raise. Wages have been stagnant a long time, and lag behind what grocery workers are making a few hours south in the Twin Cities. Part-time wages are especially uncompetitive; turnover is high.
The strike made waves in Brainerd Lakes, a metro area of 30,000.
It “really united workers at our store,” said Doug Olson, who has worked at Baxter Cub Foods for 17 years. “Men and women, part-time, full-time, people of all different political beliefs. It’s really heartening to see the unity we’ve had.”
Olson works on the clean team, sometimes called the courtesy or maintenance team. They wipe up spills, clean the bathrooms, take out the garbage, bag groceries, and shovel snow—and get paid on a lower scale than other grocery workers. The union is fighting to eliminate the separate pay scale and bring clean team workers up to par.
Management hasn’t budged since the Christmas strike, refusing to put more money on the table even after its attorney admitted it can afford the union’s proposal. But the workers may be equally stubborn. On January 18, they voted to reject management’s latest proposal by 84 percent, laying the groundwork for another potential strike.
“I believe this contract could make or break this store,” said Olson, who would like to retire from Cub one day. “Things are just going to get worse and worse otherwise. We really need to win this one.”
It’s the first time in recent memory that there are buttons, walkouts, and raised expectations in Brainerd.
Vigorous contract fights are the exception, rather than the rule, in the UFCW. That’s one of the chief complaints of the burgeoning UFCW reform movement anchored by Washington state’s Local 3000, the union’s largest local with 50,000 members.
Four hundred Local 3000 members at Macy’s went on a three-day strike over Thanksgiving, and they were out on strike again as this story went to press. In 2022 the local spearheaded an ambitious coordinated bargaining effort with seven other UFCW locals representing 100,000 Kroger workers in Western states.
Local 663, which represents 17,000 members across Minnesota, did not support the proposals put forward by the reform group Essential Workers for Democracy at the UFCW international convention last April, which were backed by Local 3000 and a handful of other reform-minded locals.
But the union underwent a major shift at the beginning of 2023 when its former organizing director Rena Wong became president. She was voted in by the executive board to complete the term of the previous president, who had stepped down.
Before Wong, the union had conservative leaders for decades. “The union leadership failed us,” said Olson. “They were more interested in labor peace and getting along with the owners than in helping us secure better wages and benefits. They would settle for whatever management offered them. They just rolled over, over and over again.”
That labor peace has now been decisively broken. Last spring, 3,000 Cub Foods workers in the Twin Cities launched a contract campaign, voting to strike 33 stores.
When they threatened to strike all the stores over Easter—one of the biggest grocery-shopping holidays—management caved. The workers won raises of $2.50-$3.50 an hour and got rid of the lower pay scale for the clean team.
This success built an appetite among stewards and members to bring the same kind of organizing and militancy to the local’s other contract fights, according to Paul Kirk-Davidoff, a steward at Seward Community Coop in Minneapolis. “A base for continued change in the union came from the contract campaign at Cub,” he said. “It convinced a lot of people.”
Workers at Lunds & Byerlys stores, and then at Kowalski’s, mounted strike threats over the summer, winning raises of up to $4 over two years. In October, workers at Seward Community Coop won even higher raises of at least $6.50 over three years, as well as the right for cashiers to sit in chairs.
The new leadership has encouraged a new spirit of activism, taking a more open approach and bringing more rank-and-file workers onto the negotiating team—whereas the role of workers in the union used to be more like “window dressing,” Olson said.
The energy has spread to Local 663’s fights for first contracts—workers struck last summer at four Half Price Books stores, jointly organized with Local 1189—and to its members in meatpacking, the UFCW’s other traditional core sector.
Workers at the Hormel Foods plant in Austin‚ Minnesota—the site of the bitterly fought 1985 strike which pitted then-Local P-9 against the international union itself—won a contract in October with record raises of $3-$6, as part of national negotiations across five plants. Workers at the Austin plant had voted to reject a “final offer” from the company, and hundreds marched through town in a Labor Day show of force.
The resistance at Hormel has been a bright spot for the UFCW in meatpacking, a sector where union density has fallen precipitously, once-reigning master contracts have been all but dismantled, and the workforce, largely immigrants and workers of color, is notoriously exploited.
Case in point: coming up next is Local 663’s contract fight with the chicken processor Tony Downs Foods, in Madelia, southwest Minnesota. The employer was fined $300,000 last year for employing children as young as 13 to operate meat grinders, forklifts, and ovens.
This blog originally appeared at Labor Notes on January 22, 2024.
About the Author: Lisa Xu is an organizer with Labor Notes.
]]>One of the top 10 workplace trends of 2023 on TikTok is “resenteeism,” according to project management software provider Workamajig. This term is a play on another workplace term, “presenteeism,” which is when employees show up to their jobs, but only to be visibly there for their manager rather than to engage fully.
Trends like resenteeism have emerged as a response to the “hustle culture,” which glorified overworking, said Esther Cohen, director of marketing at Workamajig, in a statement. “These new trends are now most commonly seen among younger workers who are increasingly prioritizing work-life balance over traditional career ambitions and demanding more autonomy, control and flexibility, aside from more pay and better benefits,” Cohen said. The Workamajig data analyzed TikTok hashtag trends as of May 22, 2023.
If you don’t want to stay in your job but aren’t financially able to leave it, you might find yourself practicing “resenteeism.” In employer job markets, employees are more likely to display resenteeism since they don’t expect to easily find another job if they quit.
When you stay in a job you aren’t happy with, it can create major problems for you at work, according to Marc Cenedella, founder of Leet Resumes and the career site Ladders. “It seems there are cutesy phrases to describe everything in the workplace these days – but there is nothing cute about this,” Cenedella said in an email. “Just like in other relationships, workplace resentment corrodes relationships.”
Resenteeism in the workplace can cause problems for employers and employees. When you resent having to do your job and feel like you have no options, you can’t be engaged or excited about your role.
From an employer’s perspective, having people who are mentally and emotionally checked out during work hours means the job doesn’t get done well or at all.
“Productivity plummets,” Cenedella said. He added that in addition to a negative attitude and general lack of enthusiasm, employers will notice more concrete signs of resenteeism that include showing up late or skipping out early, missing days and performance problems. There can also be more subtle signals. “For example, when a formerly enthusiastic team member stops showing company branding on things like their computer sticker, water bottle or shirt, you likely have resenteeism brewing,” Cenedella said. “If they’re passing on company events they used to attend, that’s another warning sign.”
To understand resenteeism in the workplace, it helps to first recognize what causes resentment in general. Cenedella points out that in most contexts – including work, home or school — resentment grows from feeling undervalued or unappreciated.
“At work, it can emerge when an employee feels stuck without any opportunity for advancement,” he said. “Poor management, and inadequate pay and benefits, can also contribute.”
If you feel resentful about needing to stay in your job and want to change your current pattern of resenteeism, you can take steps to reverse it. If you can pinpoint the reasons you’re unhappy, according to Cenedella, then you can discuss them with a manager who might be able to help you work on solutions. “For example, if you’re not feeling challenged, a supervisor might be able to work you into more complex projects,” he said.
But what if working with your current management team on the problem seems impossible?
Cenedella suggests that it’s fair to then permit yourself to look for a job that’s a better fit. “Just make sure that while you are in your current role, you overcome the challenges to do your best with a positive attitude,” he said. “Many professional fields are small. You don’t want to be labeled as a negative person and you never know whose path will cross with yours again in the future.”
This blog originally appeared at U.S. News on January 4, 2023.
About the Author: Robin Madell began writing for U.S. News & World Report’s On Careers section in 2013, with a focus on productivity, work-life balance, stress management and women’s leadership.
]]>The labor movement is rightfully celebrating recent contract victories by the United Auto Workers, Teamsters, SAG-AFTRA and the Writers Guild of America, which together cover nearly 650,000 workers. An essential thread uniting the campaigns is that the top union officers were all directly elected by the members, a basic democratic right denied to many union members in the United States. As other unions seek to learn lessons from these historic contract fights, a key takeaway is that a vibrant democratic process—“one member, one vote”—is crucial to a revitalized labor movement.
A robust democratic process certainly played a major role in the Auto Workers (UAW) contract fight with the Big Three automakers and the Teamsters campaign against UPS. Leading up to their contract expirations, both the UAW and Teamsters had highly competitive and contested elections for their top leadership positions, directly engaging the membership in debates about the union’s negotiation strategy with employers and concessionary contracts, improvements in strike benefits, and the removal of antidemocratic obstacles.
For example, at the Teamsters’ convention, delegates removed a constitutional provision that previously allowed union officers to impose a contract even if a majority of members voted against it. Injected with the energy of a contested election, the recent UAW and Teamster conventions were marked by spirited debates about union strategy, engaging members for the upcoming contract fights.
But a review of the constitutions of the 20 largest unions in the United States shows that “one member, one vote” is a right denied to most union members. Of the top 20 unions—representing approximately 13.3 million members and 83 percent of all U.S. union workers—only six have direct elections. Only 20 percent of all union members, or 2.7 million, have the right to directly elect their top officers. In contrast, 80 percent of members, or 10.6 million workers, have no such right.
Apart from the Teamsters and UAW, the only other large unions with a form of direct elections are the Steelworkers, Machinists, SAG-AFTRA, the Letter Carriers (NALC), and the Postal Workers (APWU). Some smaller unions, like the Writers Guild and the Longshore and Warehouse Union (ILWU), also have direct elections.
The Laborers (LIUNA) used to have direct elections as part of a consent decree with the Department of Justice, but the union’s executive board eliminated the practice in 2010. The Operating Engineers and Carpenters also had direct elections, but they moved to a delegate system in the 1960s.
Maybe it’s a fluke of the calendar, but the majority of strikes in 2023 (through October) were led by unions with “one member, one vote” policies, even though they represent a minority of unions. According to the Department of Labor, 448,000 workers have been on strike this year, and approximately 250,000 workers (by my count), or 56 percent of strikers, are affiliated with unions that have direct elections. Perhaps a more democratic union is a more militant union.
As opposed to direct elections, most unions chose their top officers indirectly, electing delegates to a regularly scheduled convention at the local level through a membership vote. Those elected delegates then nominate and elect the top officers.
While it’s formally democratic, the flaws of the delegate convention system have been widely documented. Rather than promoting worker participation and vigorous democratic debate, the delegate system tends to entrench incumbents who can deploy the union’s vast legal, financial, political, and organizational resources to maintain power and stifle reform challenges. As a result, many unions are effectively run by a semipermanent officer and staff strata insulated from member control and accountability, leading to weakened organizations and a ground ripe for corruption.
Under the delegate convention system, the rise of new leadership at a union is typically triggered by the retirement or death of a labor official rather than a challenger winning a contested election. Union conventions, a huge opportunity to involve the membership in organizing and contract campaigns, instead often resemble a choreographed beauty pageant thrown by the ruling party in a one-party state.
With few substantive issues debated and without contested leadership fights, it’s not surprising that labor reporters don’t bother covering most union conventions.
Despite the long-term decline in union membership and urgent debates about the strategic direction of labor, few of the top leaders of large unions even faced a challenger at their last convention, as the table below shows. Of the 14 unions without direct elections, only five had a challenger for the top position. In contrast, of the six large unions with direct elections, four had contested elections.
This is a segment of a blog that originally appeared in full at Jacobin on January 5, 2024.
About the Author: Chris Bohner is a union researcher and activist.
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On October 10, 2023, a significant event took place in Boston. Over 500 participants rallied in support of the Workplace Psychological Safety Act.
If passed, this groundbreaking legislation could become the first of its kind in the United States to hold employers accountable for perpetuating or ignoring psychological abuse in the workplace.
Workplace bullying and mobbing affects nearly 50 million American workers. Consequences range from feelings of shame and self-blame to severe mental and physical health problems, including anxiety, depression, PTSD, suicidal ideation, and even suicide.
The staggering numbers are attributed to lack of oversight and loopholes in our current system and date back to shifts in anti-discrimination laws in the 1980s and 90s. At that time, courts began requiring proof of intent instead of proof of impact and rendered the law ineffective at disrupting social hierarchies.
The bill’s current draft aligns with sexual harassment law, which establishes a hostile work environment as the baseline for legal recourse. If passed, the new law would decouple requirements for complainants to link mistreatment to their membership in a protected class and provide recourse for those not in a protected class. It would also challenge the current discrimination standard, which requires the complainant to overcome the nearly impossible hurdle of proving intent.
Workplace psychological abuse is a form of employee exploitation rooted in the avoidance of employer liability, and employees currently have no legal rights to psychological safety at work.
Adjacent laws such as the Intentional Infliction of Emotional Distress (IIED) law requires victims to prove not only the abuser’s intent but also severe emotional distress, a threshold that is nearly impossible to meet and requires victims to have incurred harm. Consequently, employers are negatively incentivized to address the issue, the majority often choosing to sidestep a perceived threat of liability rather than prioritize human well-being.
The Act provides targeted and victimized employees with legal recourse against individuals and employers who create a toxic work environment by participating, perpetuating or ignoring psychological abuse. It focuses on unethical and unprofessional behaviors utilizing a reasonable person standard.
Currently, it is perfectly legal to be mentally abusive at work in the U.S., even though it is illegal in most of the industrialized world.
The Workplace Psychological Safety Act would enable employees to call for internal investigations, bypass flawed processes via state labor commission investigations, and sue violating employers or individuals. Crucially, it allows public disclosure of case outcomes, breaking the silence often imposed by non-disclosure agreements.
But the Act doesn’t stop at individual recourse.
It mandates employers to proactively address psychological abuse. They must adopt policies, conduct annual climate surveys, initiate prompt third-party investigations, and take responsibility when the outcome favors the targeted employee. Further, it tackles the systemic issue: the oppressive, dehumanizing system that perpetuates stereotypes and marginalizes certain groups. It demands organizational accountability, requiring quarterly reporting of various metrics to government agencies for public access.
This Act has already passed in the Rhode Island Senate and awaits a bill number in New York City. It represents a significant stride towards psychologically safe workplaces and necessary protections for every worker in the country.
To learn more about the Workplace Psychological Safety Act visit WPSAct.org.
This blog was contributed directly to Workplace Fairness. It is published with permission.
About the Authors:
The First Weekend of November, 2023, Teamsters for a Democratic Union (TDU) held its annual convention at a hotel near O’Hare Airport outside of Chicago. It was the 48th convention since the rank-and-file union reform movement’s founding in 1976.
The mood was confident and upbeat, with organizers announcing an attendance of 500 Teamster members from across the country. It was the largest TDU convention since 1997.
The Friday dinner banquet speaker was Teamsters General President Sean O’Brien, who took stock of what his administration had accomplished since taking office in March 2022.
He focused especially on the union’s contract fight at package giant UPS this past summer, which culminated in the best contract ever negotiated at the company. He also spoke of the union’s plans to organize Amazon, an existential threat to the union.
On Saturday evening, the featured speaker and guest of honor at the dinner banquet was United Auto Workers (UAW) President Shawn Fain, who was fresh off of leading an unprecedented strike against all three of the Big Three automakers, dubbed the “Stand-Up Strike.”
The six-week strike had resulted in the best auto contracts negotiated in decades, with Fain grabbing national headlines for his militant class war message, combined with an “aw shucks” demeanor befitting his small-town roots in Kokomo, Indiana.
On stage at the TDU convention, though, Fain was playing the role of fiery working-class tribune far more than that of friendly uncle. He brought the crowd of rank-and-file Teamster activists to its feet with a no-holds-barred speech that denounced the billionaire class and held up the Stand-Up Strike as a fight not just for UAW autoworkers, but the entire working class. Importantly, he connected the new militancy in the UAW directly to the rank-and-file union reform movement that TDU has played a key role in building for the past several decades.
As he put it, “there is no Stand-Up Strike without TDU.” As Fain left the stage, the crowd erupted in spontaneous chants of “Eat the Rich,” Fain’s signature slogan, appropriated from a profile of him in the New York Times.
This entire scenario would have been improbable a year ago, and unthinkable seven years ago.
In November 2022, Fain was still a long-shot presidential candidate in the first-ever direct election for top officers in the UAW. He was still a few weeks away from being part of one of the biggest upsets in U.S. labor history, and a few months away from taking office as the first directly elected president of the UAW. In late 2016, O’Brien was still a loyal lieutenant of old-guard Teamster General President James P. Hoffa, who had then been in office for close to two decades. Far from being friendly with TDU, O’Brien had served a two-week suspension from his IBT positions in 2014 for threatening TDU activists who were challenging an ally of his in Rhode Island Local 251 (O’Brien has since apologized and expressed regret for his actions, and the Local 251 Teamsters he once threatened are now some of his staunchest supporters).
For its part, TDU had kept up the fight through the years of the Hoffa administration, but it was hard to point to concrete gains beyond some defensive victories. The 2016 leadership election campaign had been a shot in the arm though, as TDU-aligned candidate Fred Zuckerman, head of Louisville Local 89, had come within a few thousand votes of defeating Hoffa, and TDU-aligned candidates won spots on the IBT General Executive Board for the first time since 1996. Still, times were tough, and TDU organizers would work hard to build TDU Conventions that were half the size of this year’s event.
As for the UAW, starting in 2017, it was in the thick of a corruption scandal that saw 13 top union officials, including two former presidents, serve prison time. The federal investigation into the union uncovered cartoonish levels of malfeasance, with top UAW officials literally taking company payoffs in exchange for contract concessions, and using members’ dues money to fund lavish getaways, expensive cigars, vacation homes, and more.
Meanwhile, successive generations of UAW leadership had given away the store at the bargaining table, allowing the auto companies to introduce multiple tiers of workers who were paid different rates for doing the same work, and routinely agreeing to concessions in exchange for vague company promises of new investment in plants.
With UAW wages and working conditions eroding, it is unsurprising that they found themselves unable to organize any new auto plants, even as unionized companies used the non-union competition as a rationale for driving down standards even further. People looking for signs of life in the U.S. labor movement were not looking to the UAW.
Things are different now. Amidst a new resurgence of worker organizing and militancy, the Teamsters and the UAW are at the forefront.
The UPS contract campaign this summer, followed by the Big Three auto campaign in the fall, mobilized hundreds of thousands of workers around ambitious demands. In both cases, the campaigns resulted in the best contracts in decades.
This is a segment of a blog that originally appeared in full at Dollars&Sense on December 4, 2023.
About the Author: Barry Eidlin is an associate professor of sociology at McGill University and the author of Labor and the Class Idea in the United States and Canada. Between 1997 and 2003, prior to embarking on his academic training, he worked on the staff of Teamsters for a Democratic Union.
Learn more about union rights at Workplace Fairness.
]]>As the proud daughter of a first-grade teacher, I can attest that educators work countless hours outside of the school day. My mother wrote lesson plans and graded papers every evening between making dinner and helping me with my homework.
Weekends were not off limits either. She often used that time to ensure the lessons for the coming week were properly planned. Even during the summer, the red pen used for grading and the lesson plan book were temporarily replaced with taking college classes to earn recertification points required to maintain her teaching license credentials. When not in school, she would often spend time planning units and designing award-winning bulletin boards to create a warm and welcoming environment for her students.
My mother was not unique; for many educators, there simply are not enough hours in the day to keep up with all the demands of the job. It is no surprise to me that educators are burned out and are leaving the profession, and that something must change to help educators and other workers thrive.
The educational landscape faces unprecedented challenges, and the well-being of educators has never been more crucial.
To tackle these challenges, Educators Thriving, a group focused on supporting educators to achieve well-being — in partnership with the American Federation of Teachers (AFT) and six local school districts across the country — embarked on a project with a two-pronged approach. The partners had the choice of participating in either 1) a personal development course to immediately address individual well-being or 2) a rigorous research process to develop an educator-generated well-being scale intended to measure and improve well-being system-wide.
1. Equipping Individual Educators
Over 200 educators completed a well-being professional development program during the summer and fall of 2022. They learned about strategies empirically proven to increase well-being, spent time connecting with fellow educators in small groups, and practiced applying new tools in their personal and professional lives.
The program made a difference: 92% of participants concluded that the program has made their job feel more sustainable, and 94% said that it helped improve their well-being.
2. Creating an Educator-Generated Definition of Well-Being
Additionally, a goal of the project was to create a definition of well-being — and an accompanying survey tool — generated by educators for educators. To that end, a series of focus groups with educators from across the country developed a preliminary measure based on key themes.
Once launched, 1,285 AFT members completed the pilot survey. Statistical analysis found that a 26-item scale composed of six key predictive factors reliably measured educator well-being. Districts across the nation are now using the scale to measure, prioritize, and improve staff experiences and worker engagement.
You can learn more about the project’s findings on individual and systemic solutions that enable educators to do their best work in the report, Beyond Burnout: A Roadmap to Improve Educator Well-Being.
The current challenges faced by educators and many other workers are not inevitable, or impossible to overcome. The U.S. Department of Labor’s Labor-Management Partnership Program can enhance cooperation in an intentional, holistic manner, enabling employers and workers to collaboratively address complex organizational issues. Learn more about how we can help workers and your organization thrive.
This blog originally appeared on the Department of Labor website on December 20, 2023.
About the Author: Darnice Marsh is the labor-management partnership coordinator in the Department of Labor’s Office of Labor-Management Standards.
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Strikes and threats of strikes extracted contracts ranging from good to excellent from employers across the country in 2023. Half a million U.S. workers walked out—machinists, teachers, baristas, nurses, hotel housekeepers, and auto workers—with much of the motion coming from unions led by reformers.
The year started out with a squeaker of an election victory that turned out to be momentous. In late 2022, the Members United slate swept most top offices at the Auto Workers (UAW) on a platform of “No Concessions, No Corruption, No Tiers.” March saw a presidential runoff pitting the old guard incumbent against an obscure Kokomo, Indiana, electrician and union rep named Shawn Fain. Among 140,000 votes cast, Fain won by a few hundred.
“Our job now is to put the members back in the driver’s seat, regain the trust of the rank and file, and put the companies on notice,” he said then. “We are ending give-back unionism and company control in the UAW.”
Nine months later, the union’s Stand-Up Strike has notched sweeping victories against the Big 3, auto workers in non-union plants are hustling to join, public opinion of striking workers is at a several-decade high, and Fain is nearly a household name.
But the 150,000 Big 3 Auto Workers weren’t even the biggest workgroup to win thanks to new, more militant leadership. The 340,000 Teamsters at UPS notched their biggest contract gains ever by mounting a strike threat that reverberated through truck barns and warehouses across the country. Managers huddled nervously as UPSers marched into work together, galvanized by breakfast meetings and practice pickets.
The union’s new leaders, President Sean O’Brien and Secretary-Treasurer Fred Zuckerman, gave detailed reports on negotiations and bargained down to the wire, while the reform caucus that backed their 2022 election, Teamsters for a Democratic Union, spearheaded a program of shop-floor organizing and pickets. It was a winning combination that netted big wage gains and eliminated a second tier of drivers and a forced sixth workday.
The change in direction in both the Teamsters and the UAW has roots in reform caucuses who long argued for a struggle, not cuddle, approach to the companies.
In the Teamsters, the groundwork was laid in 1989 when the federal government threatened to take over the union due to corruption. Teamsters for a Democratic Union argued against government control. Instead, they said that democracy in the union—member control—would be the force that would end corruption. In a consent agreement, the union switched to one-member one-vote elections for top leaders, replacing the easily controlled elections held at conventions.
TDU-backed leaders won in 1991, lost in 1998, and won again in 2022, leading to a reinvigorated union, shop-floor mobilization, and the believable strike threat that extracted huge gains from UPS this year.
A similar process, on a compressed timeline, happened at the Auto Workers. In 2019, then-president Gary Jones was removed from office and later pleaded guilty to embezzling union funds. He and his predecessor, Dennis Williams, were convicted and sent to prison along with a dozen others. A new reform caucus, Unite All Workers for Democracy, followed the TDU model, arguing with the feds that the answer to corruption was member control.
No surprise: in a referendum, UAW members voted to switch to a one-member, one-vote system. That set the stage for the UAWD-backed slate, Members United, to surprise everyone by winning the presidency and a majority on the executive board.
It wasn’t just Teamsters and the UAW, though. The half-million U.S. workers who struck in 2023 doubled the strike number for 2022, which in turn nearly doubled the 2021 number, according to Johnnie Kallas of the Cornell Labor Action Tracker. A similar number struck in 2018 during the “Red for Ed” teacher uprisings, but this year there were many more private-sector strikes, with actors, health care workers, and auto workers leading the way.
Polling showed an uptick in union popularity to levels not seen since the 1960s. Strikes were popular, too: 78 percent supported the auto workers, and 76 percent the actors and writers.
The year started off with a victory for 7,000 New York Nurses (NYSNA)who struck and won strong language to enforce safer staffing levels. Their hospitals now pay big penalties if they don’t keep enough nurses on the floor. Their victory inspired 1,700 nurses in New Jersey, members of the Steelworkers (USW), who have been on strike since August at Robert Wood Johnson hospital in New Brunswick.
In June, 6,000 Machinists at Spirit AeroSystems in Wichita hit the bricks, rejecting an offer their union pushed. They were objecting to 60- and 70-hour weeks. They won their weekends back.
This is a segment of a blog that originally appeared in full at Labor Notes on December 15, 2023.
About the Author: Jenny Brown is an assistant editor at Labor Notes.
]]>The Office of the Chief Information Officer (OCIO) has been hard at work over the past year, dedicated to serving America’s workforce through technology – in ways both seen and unseen. As 2023 comes to a close, we want to share some of the Department of Labor projects we supported.
We modernized and updated IT solutions that provide training options, promote on-the-job safety, and help track work hours and pay more efficiently.
Whether it’s online or in person, we’ve developed helpful tools to support navigating a job search or applying for jobless benefits.
OCIO secures the data and updates the tech that ensures workers receive their promised benefits when they reach retirement age.
As we look to 2024, we are excited about the possibilities of expanding our innovative work with emerging technologies and continually modernizing and securing the Department of Labor’s IT services.
We also want to thank our colleagues in OCIO and our department agency partners for making a difference for millions of America’s workers through the power of technology, this past year and always. Check out the breadth of our projects and the impact we’re making on our OCIO LinkedIn page!
This blog originally appeared at the Department of Labor website’s blog section on December 22, 2023.
About the Author: Gundeep Ahluwalia is OCIO’s chief information officer at the U.S. Department of Labor.
Visit Workplace Fairness to learn more about workers’ rights.
]]>Earlier this year, I met Daria Hernandez, a seasonal H-2B worker from San Luis Potosi, Mexico, who has been coming to the U.S. for the past 15 years to clean crabs in Maryland.
When she first arrived, she didn’t speak English, didn’t know anyone, wasn’t provided even basic personal protective equipment and didn’t know about her rights as a worker. Daria was able to learn about her rights from the Centro de los Derechos del Migrante (CDM), which gave her confidence to share that knowledge with other workers as a leader and advocate.
Speaking to representatives from U.S. government agencies, foreign embassies, community-based organizations, and labor rights advocates at the U.S. Department of Labor to kick off the annual Labor Rights Week on Aug. 28, Daria told us, “All migrant workers want to raise their voice. But it is very hard… we are scared that we will be fired, or that we won’t be hired back next season. For us, to raise our voices is to risk our jobs and the well-being of our families.”
We recognize that far too often migrant workers aren’t aware of their rights and face language barriers and race and gender-based discrimination while performing essential work in our country. They don’t know where to turn when they have a problem.
While by law all workers in the U.S. are protected from retaliation, migrant workers are particularly vulnerable and, with limited experience in the country and varying levels of English, may not know about these protections.
We observe International Migrants Day on Dec. 18 — a day dedicated to recognizing the contributions of migrant workers and advocating for their rights. On this day, we remember Daria’s call to action:
“Every one of you has in your hands the power to do something to better the lives of migrant workers like me. We are hoping that you choose to do so.”
One way we chose to do so this year was through the launch of MigrantWorker.gov, a worker-centered website, in English and Spanish, that answers common questions and consolidates important resources and information from across the U.S. government about migrant worker rights throughout the labor migration journey — from recruitment, to working in the U.S., to a safe return home.
The department has partnered with Mexico’s Ministry of Labor and Social Welfare to strengthen shared mechanisms to prevent, report and investigate violations of migrant workers’ rights; to hold employers and their agents accountable; and connect workers who are harmed or exploited to assistance and care in the United States and Mexico.
These commitments are captured in a bilateral Memorandum of Understanding on Labor Mobility signed in January 2023. Under the MoU, the two agencies collaborate through a binational U.S.-Mexico Return of Migrant Wages pilot program to find H-2A workers who have returned to Mexico but are still owed back wages from their time working in the United States.
We have a greater impact on the lives of migrant workers when we work together with other agencies, advocacy groups and governments, and when migrant workers are empowered to exercise their rights.
We are committed to responding to Daria’s call to action in honor of the contributions of migrant workers today and every day. We hope you will be too and share these resources widely. As Daria said, each of us plays a part.
This blog originally appeared at the Department of Labor website’s blog section on December 14, 2023.
About the Author: Thea Mei Lee is the deputy undersecretary for international affairs. Follow the Bureau of International Labor Affairs on X/Twitter at @ILAB_DOL and on LinkedIn.
Visit Workplace Fairness to learn more about migrant workers’ rights against discrimination.
]]>“These are my feelings, and feelings aren’t wrong.”
That one sentence is proof my 9-year-old son has a better attitude and approach to his mental health than most adults, myself included. He understands that to care for his emotions, he has to vocalize his needs and acknowledge his feelings.
So why is it so hard for us to do the same?
For many adults, it seems as though we can’t carve out space to think, let alone to feel. Slicing and dicing my time as a working parent makes it challenging to find those quiet moments to reflect on the day. I like the option of working at the office because my car ride home provides some much-needed time to comb through my emotions and take stock of my feelings. And yes – sometimes I sit in my driveway for a few more moments of vehicular therapy sponsored by the musical stylings of Adele.
But in all seriousness, if we can’t make space to think and feel, how can we even begin to care for our mental health?
Recent research from Bain & Company found that work cultures that emphasize productivity lead to higher burnout. And it seems like not a day goes by where we don’t see a flood of stories covering the topic. But these articles often seem to miss an obvious point: Productivity and well-being are intrinsically linked; you can’t have the first without a healthy dose of the second.
It goes without saying that corporations should offer their employees a robust benefits program covering all aspects of their well-being, including behavioral health, employee assistance programs and so on. But when it comes to mental health, employees are often reluctant to ask for the assistance they need – and these programs cannot work unless they have the space and support to engage. As helpful as it may be for an employee to take a mental health day, I believe it’s better to have a corporate culture that addresses the workplace issues that make taking such a day necessary in the first place.
As a leader, it’s my priority and responsibility to shape a corporate culture where people feel they can bring their authentic selves to work even – and especially – if that includes admitting to being anxious, needing a break or requiring additional support. That way, we have an opportunity to make changes before people need the mental health day – or week – or leave the company completely. Having the right kind of culture in place helps us achieve our business goals and individuals live better, more fulfilling lives. And that’s a goal we can all get behind.
With all that is going on in the world right now, caring for our employees’ well-being has never been more important, and the key to driving stronger mental health practices at work starts with how leaders show up. So, for those of us with the privilege and responsibility of setting an example and reinforcing why mental health matters, I wanted to share some of the tips that I’ve learned.
This is a segment of a blog that originally appeared in full at U.S. News on Dec. 20, 2023.
About the Author: Samantha Hammock is the EVP, CHRO of Verizon, where she is responsible for all aspects of Verizon’s HR practices.
]]>Hybrid work has grown from a luxury to a basic employee need. The Covid-19 pandemic propelled businesses industry-wide to act decisively to keep operations moving while safeguarding themselves and their employees. The subsequent enforcement of staying indoors led to serious investment in digital transformation, which saw the emergence of real-time collaboration improvements and surges in videoconferencing, to name but a few.
Bilaterally, workers and businesses alike found that remote working was a productive switch, allowing them to maintain productivity and service levels while fulfilling their legal duties for collective safety. 77% of workers who worked remotely – even if just a few times a month – showed increased productivity. As such, workers across a broad realm of sectors were keen to continue working from home – whether full-time or periodically – due to the profound work-life balance benefits it can bring.
Many companies now take flexible and hybrid working seriously, overtly proclaiming how they will accommodate this as an employment priority for new and existing staff.
Undoubtedly, it’s hard to ignore the influence that the shift to hybrid work has had on employees and businesses. The additional flexibility and productivity it can bring for teams is evident, but it has, unintentionally, introduced new challenges for ensuring equitable and inclusive work environments. While the dispersal of employees can be seen as counterproductive for one business, it can be actively embraced by another. Hybrid work has the potential to make inclusion better with managerial input, but it could perpetuate existing inequalities without proper supervision, monitoring, and implementation.
The real challenge lies in what is preferable to each business’s unique needs, and adapting hiring strategies accordingly. When organisations offer hybrid working arrangements, all HR personnel must ensure that specific measures to support equality, diversity, and inclusion are considered and adhered to throughout the employment lifecycle.
Take a hypothetical example of a business looking to expand operations overseas, to a location with specific employment laws and jurisdiction, for instance, Gibraltar. Companies are still able to legally set up operations in a new territory, but they may have to adapt HR and hiring strategies to support and consider the priorities and needs of workers in that territory, as well as those already employed. It’s a case of treating employees fairly based on their circumstances and preferences.
However, for job seekers entering the market with the experience of Covid-19 working practices behind them, they must conduct their due diligence too. The job market currently is not only experiencing turbulence but economic uncertainty and the emergence of innovative technology like AI is making many businesses reassess their employment needs. Therefore, there are plenty of plates continuously spinning, and your route may not always be as clear-cut as it was pre-pandemic.
Therefore, it’s important to evaluate and vet potential employers to find ones that can practice what they preach about their culture. When it comes to diversity, equity, and inclusion, all candidates should take a few essential steps before submitting any job application, however confident they feel about their employment prospects.
A company’s hiring process speaks volumes about their commitment to eliminating unconscious bias and seeking out diverse candidates. In the early stages of recruitment and employment, many processes may be influenced by hybrid work, such as onboarding, learning and development (L&D), and performance management. These may need to be adapted to ensure that hybrid work is both effective and inclusive.
Look for:
If job seekers can gauge a healthy modicum of inclusion in the early stages of hiring, they’ll likely feel reassured that the HR team is taking this seriously and that it is embedded well within the workplace culture.
It’s no secret that finding out as much information as possible about each specific company on a candidate’s shortlist. Assessing portals like Glassdoor, Google Reviews, and LinkedIn for real success stories can tell applicants a lot about what a company culture is like.
However, many candidates should consider going a step further by seeking out companies that actively support employee resource groups (ERGs) for women, people of colour, LGBTQ employees, parents and more. This will provide additional protection if there are suspicions of employee discrimination.
When employees feel empowered to connect over shared experiences and have an organised way to provide input and elevate issues to leadership, it leads to a more inclusive culture.
A company may be forthcoming about its commitment to fairness and inclusivity. However, as is the case with many employment arrangements, the grass isn’t always greener on the other side. Interviews, where candidates have been promised autonomy and trust, have led to jobs where successful employees are subject to micromanagement, clock-watching, and hugely disruptive and counterproductive antics in the business environment.
However, on the flip side, if companies take steps to foster trust through transparency, leaders and line managers can promote greater inclusion, irrespective of where and when work is delivered. While there’s no denying that some management professionals find managing hybrid or remote teams more challenging, those who take the proactive step forward to foster trust with new candidates seeking hybrid work will not view this as an obstacle.
Look beyond simply whether companies offer basic benefits like insurance or parental leave, as they are bound to this by law. Instead, dig into how their workplace policies are structured to support inclusion and accommodate employees’ individual needs. Find out how you can get equitable access to information and opportunities, and whether any existing employees are treated with the same level of flexibility that you will be.
Fairness in hybrid working environments is crucial; this type of environment is highly sought-after by many employees in this day and age, so employers cannot blissfully ignore that. Companies have every opportunity to provide a more flexible, equitable workplace, but also are prone to scrutiny if they are not putting substantial effort into intentionally building inclusive cultures.
People undertaking a job hunt in 2024 should expect employers to be transparent and forthcoming about flexible working arrangements, even if their desired outcome may not happen immediately. By thoroughly examining how a company plans to integrate you into their culture, fulfil your flexibility and CPD needs, and back that up with inclusive practices, you can get a firmer idea of which ones are worth your time. However, remember this, those companies that outright refuse to consider a hybrid working arrangement or don’t ‘walk the walk’ are probably not worth considering.
This blog was contributed directly to Workplace Fairness. It is published with permission.
About the Author: Dakota Murphey is a freelance writer based in the UK, specializing in Digital Trends in Business, Marketing, PR, Branding, Cybersecurity, Entrepreneurial Skills, and Company Growth. Having successfully contributed to a number of authoritative online resources, she has secured a platform to share her voice with like-minded professionals
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If your motivation is waning and your Monday Blues are lasting an entire week, inspirational quotes may help you rediscover your spark.
“By reprogramming our minds with inspirational quotes, we can improve our interactions with the world around us, leading to increased energy levels and productivity,” said Emily Maguire, managing director and career consultant at Reflections Career Coaching, in an email.
Here are eight inspirational quotes to fuel your productivity and ignite your passion for your career.
This modernization of Ralph Waldo Emerson’s quote, “Every wall is a gate,” is about turning adversity into opportunity.
Success isn’t merely a result of waiting for opportunities to come knocking on your door. For example, if you want to be promoted to a managerial position, sitting around waiting for a promotion is not an effective way to reach this goal. Instead, initiating projects, networking with colleagues or pursuing professional development are much more likely to get you there. With this positive mindset, you take control of your career trajectory and forge your own path in the workplace.
This quote, attributed to Theodore Roosevelt, references how growth comes from the willingness to stumble, learn, evolve and turn slip-ups into stepping stones toward success. If you stick to your comfort zone out of fear of making a mistake, you rob yourself of the chance to grow.
Consider this scenario: Your employer hosts a Toastmasters event to help employees improve their public speaking skills. You recognize the benefits but hesitate to join, fearing you might stumble over your words or fumble during the presentation. If you never take that chance, however, you’ll never know which areas of public speaking you need to improve.
This quote is commonly attributed to the Roman philosopher Seneca although there is doubt about whether he actually said it. Despite its shaky provenance, it has resonated with individuals looking for motivation.
In the workplace, it points to how some may consider successful people lucky because they were fortunate enough to stumble upon golden opportunities. However, the reality is that even if these individuals found themselves at the right place at the right time, they would not have been able to transform these opportunities into success stories without preparation and capability.
Let’s say you’ve been diligently upskilling yourself outside of work and staying on top of industry trends. Suddenly, an opportunity arises when your manager resigns, leaving an open leadership position. Because of your preparation, you can seize this opportunity and present yourself as the ideal candidate to fill the role. Yes, luck played a role in the timing, but your preparedness was also an undeniable part of your success.
This quote is attributed to General George S. Patton.
While it may have helped him make decisions on the battlefield, it also carries wisdom for the corporate world. Indecisiveness in the workplace, especially in a fast-paced environment, can often lead to missed opportunities. Of course, you shouldn’t make decisions without careful consideration, but you might never accomplish anything if you keep waiting for the perfect plan.
This quote, attributed to the motivational speaker Tony Robbins, is a reminder that success isn’t a one-time event but the culmination of seemingly mundane efforts that you put in daily. They may include attending a professional development course every week, building relationships with colleagues at work happy hours or spending a few hours each day refining your skills. It’s the commitment to these small actions that matters most on your journey to success.
So, if you’re just starting in your career, be patient with yourself.
For many, self-doubt is a major obstacle on their path to career success, and imposter syndrome is common. If your mind is constantly troubled by doubt and negative self-talk, consider this quote from the legendary basketball player Kobe Bryant.
Negative habits such as constantly talking down on yourself could damage your mental health and even end up sabotaging your success. However, building confidence in the workplace can be challenging when your feelings of unworthiness stem from deep-seated issues or childhood trauma. If your low self-esteem is hindering your career, consider talking to a therapist to help you develop a healthier and more resilient mindset.
Nelson Mandela wrote this quote in his autobiography “Long Walk to Freedom,” published in 1994.
Professional growth often requires you to step outside of your comfort zone, whether that’s pursuing leadership roles, overseeing challenging projects, overcoming your fear of public speaking or embracing new responsibilities. Even if your dream is to ditch the corporate grind and pursue your own path, entrepreneurship may also require you to confront fears, such as the fear of failure or the unknown. While fear is an unpleasant emotion, reframing it as an opportunity for growth is the first step to overcoming it.
This quote is often attributed to American writer Elbert Hubbard. Taking risks, voicing your opinions and pursuing new ideas naturally invite feedback in the workplace, not all of which will be positive.
Of course, facing criticism is never pleasant, but avoiding it by remaining silent and never taking action only leads to stagnation. So, learn not to take constructive criticism personally and see it as a tool to propel you forward.
This blog originally appeared at U.S. News on Dec. 8, 2023.
About the Author: Jamela Adam began writing for U.S. News & World Report’s Careers section in 2023. She also contributes her career advice and personal finance expertise to a wide array of major publications such as Forbes, RateGenius, SuperMoney, Clever Girl Finance and Chime.
]]>The holiday season is a time of joy and togetherness, but it’s also a busy time for one of the largest industries in the country. With increased demand for shipping and fulfilling orders, many warehouse workers face potentially hazardous work conditions that could result in serious injuries.
For example, a worker at a warehouse in New Scranton, Pennsylvania, was struck in the thigh by a pallet jack handle after he unintentionally ran over loose debris from broken pallets left on the warehouse aisles. The incident caused internal bleeding, and he had to be admitted to the hospital for surgery.
Data from the Bureau of Labor Statistics show that the warehousing and storage industry had a 5.5% injury and illness rate in 2022 – more than double the rate for the private sector. Additionally, there were 89,900 injuries and illnesses cases, increasing from 80,500 in the previous year. Among the injuries that resulted in at least one day away from work, more than 1/3 were due to overexertion and bodily reaction. Injury rates like this should get any company’s attention, and they should be working proactively to understand the root causes of those injuries and address them.
During the holidays and throughout the year, we in the Occupational Safety and Health Administration are urging employers to implement safety systems and train workers on preventable warehousing hazards.
Our goal is to help employers align their business practices with the core value of safety and health in every workplace. That’s why we launched a National Emphasis Program this past summer to reduce workplace hazards in warehouses, distribution centers and certain retail establishments with high injury rates. The NEP addresses hazards related to powered industrial vehicle operations, storage and material handling, walking and working surfaces, exits, and fire protection. Workplaces also will be screened for heat and ergonomic hazards.
To keep workers safe and healthy in warehousing and online order fulfillment, employers should:
While you celebrate the holidays, remember that everyone deserves to go home safely at the end of their shift. These workers have families and loved ones, too, and they have a right to do their job without being injured or sickened.
This blog originally appeared at the Department of Labor’s website on Dec. 6, 2023.
About the Author: Doug Parker is the assistant secretary of labor for occupational safety and health. Follow OSHA on Twitter at @OSHA_DOL and on LinkedIn.
Learn about workplace health and safety at Workplace Fairness.
]]>On Oct. 30, President Biden issued a landmark Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. This executive order advances the Biden-Harris administration’s comprehensive strategy for governing the development and use of artificial intelligence (AI) safely and responsibly. A key component of that strategy – especially for us at the Department of Labor – is the commitment to supporting our nation’s workers.
This commitment involves ensuring that workers not only benefit from AI’s opportunities, such as new jobs and improved job quality, but are also protected from its dangers, including job displacement, discrimination, the undermining of workers’ rights and worsening job quality.
AI, like other technological advancements, will transform the way that many of us work. It holds enormous potential both to enhance opportunity and prosperity for workers and to exacerbate inequity, bias and job displacement. The Department of Labor is dedicated to ensuring that workers have a voice in the responsible development and use of AI in the workplace, in order to expand opportunities and mitigate harm.
The scope of AI use in the workplace, both now and in the future, is expansive and dynamic. AI encompasses machine-based systems capable of learning human-like tasks, such as making predictions, recommendations or decisions. It can track workers, measure and predict their output, set performance goals, and recommend performance-based rewards or sanctions. AI systems can also process job applications, assess qualifications and identify top candidates for an HR professional.
Generative AI capable of creating original content can, for example, draft new emails to clients based on previous exchanges, provide enhanced support to customer service agents and write new software code. While these examples demonstrate AI’s potential to increase workers’ productivity and efficiency, this technology also poses risks of deteriorating job quality, embedding bias or replacing workers altogether.
Under Acting Secretary Julie Su’s leadership, the Labor Department has committed to ensuring that AI, in any workplace, must be developed and used responsibly to improve workers’ lives, positively augment human work and help all people safely enjoy the benefits of technological innovation. That is why the department is developing principles and best practices for employers and AI developers that can be used to mitigate AI’s potential harms to employees’ well-being and maximize its potential benefits.
The DoL is holding virtual AI listening sessions where employers, unions, worker advocates, and researchers can share their thoughts. Sessions will be held on Dec. 13, 14, and 15 and will cover the following topics:
This blog originally appeared on the Department of Labor’s website on Dec. 4, 2023.
About the Author: Muneer Ahmad is senior counsel to the secretary at the U.S. Department of Labor.
]]>An increasing number of employers are incorporating biometric data into their workspaces. Companies may collect fingerprints, facial scans, and more to identify and keep tabs on their employees at work. These advancements have some employees worried about their privacy rights.
What are employers doing with this data? Are they allowed to ask for it? Do employees have to go along with it? This page will address these questions and more. For more information, visit Workplace Fairness other pages on privacy rights and workplace surveillance.
Biometric data uses physical characteristics and biological measurements to verify a person’s identity. For example, an employer might require employees to use a fingerprint or retinal scanner at the door before entering certain areas. Other common forms of biometric data include palm scans, face scans, and voice recognition.
Biometrics are not just for government jobs that handle sensitive information. They are used in many industries, from healthcare to restaurants. Biometric data has a variety of uses and benefits in the workplace. Most uses are related to verifying identities and maintaining security. It also can streamline processes and cut down on paperwork. For example, an employer might use a facial scan to track when employees arrive at and leave work, rather than having employees manually clock in with punch cards or by signing a sheet. Using biometrics for clocking in and out of work also helps employers to put the hammer down on “time theft,” which refers to employees clocking in for time they were not at work or were meant to be on unpaid breaks. Biometrics can also be used to limit who has access to sensitive information or restricted areas by verifying workers’ identities.
Several states have laws relating to biometrics in the workplace, with others considering legislation. Current state laws include:
Employers might enjoy the benefits of biometrics, but workers may be hesitant to let their bosses take their fingerprints and scan their faces. They may fear that the information will get into the wrong hands. Although laws regarding biometrics are still speculative, it is likely that employers need to obtain consent before obtaining and using biometric information.
Job applicants already provide a lot of sensitive information when seeking work. Just as employers must keep employees’ social security numbers private, they must take caution to secure any biometric information they collect. If they do not, they may be subjecting themselves to liability.
Although technology can be an invaluable tool, it also has its flaws. Biometric data is the use of technology to verify identities by physical characteristics. Biometrics software and other artificial intelligence can be biased. Programs often refer to and learn from templates; This can be problematic if the template does not account for race, gender, age, disability, and other factors. Some states are protecting workers by implementing laws that regulate AI hiring software to limit bias. See our page on AI hiring for more information.
Using biometrics could open some employers to legal risks, especially regarding privacy rights and discrimination. Employers likely need consent before collecting and using biometric data – even in states that do not have laws that require it. Although there is a lower expectation of privacy in the workplace, it may be crossing the line to assume that workers automatically give up their right to withhold biometric information from employers. However, it may be legal for employers to fire or refuse to hire someone for refusing to share their biometrics.
A court in West Virginia sided with the EEOC in 2017, holding that an employer illegally fired an employee citing religious reasons when refusing to use a biometric scanner for clocking in and out (EEOC v. Consol Energy). The court awarded the former employee over $550,000.
Employers could face harsh consequences if they fail to adequately secure their workers’ private data. Pursuant to an Illinois state law, an employer in 2023 case was liable for over $1,000 per employee and per day for improperly collecting, storing, and using biometric data (Cothron v. White Castle System, Inc.).
AI bias raises other legal concerns. Discrimination might occur if, for example, a fingerprint scanner was more capable of scanning young white workers’ fingerprints than scanning older workers’ or black workers’ fingerprints. Make sure we understand exactly what we are saying. AI and connection. If none, take out.
Consider contacting an employment lawyer if you are either a worker who believes their rights were violated or if you are an employer who wants to use biometrics.
Employers should take care to look out not only for themselves, but for their employees. A spurned employee could very well take legal action against a boss or a company that mishandles biometric data. Reputational Some precautions employers can take to lessen the legal risks with biometrics include:
Identity theft is a crime that can have devastating effects on victims. Read more to learn how identity theft relates to workers, how to avoid it, and how to deal with it.
Employment identity theft is a crime that occurs when someone takes and uses another person’s identifying information to apply for jobs in their name. Typically, the identity thief is someone who legally cannot work or who is unattractive to employers due to a criminal background or other reasons.
If someone steals a social security number or other identifying information to apply for work, there may be devastating consequences for the victim whose identity was stolen. The thief’s wages may be reported in the victim’s name, such as to the Internal Revenue Service (IRS). The victim would then be expected to pay the thief’s taxes. If the thief commits other fraud or crime in the victim’s name, it could be attributed to the victim by mistake.
A variety of federal and state laws make identity theft of any kind illegal, including employment identity theft. The federal Identity Theft and Assumption Deterrence Act makes it illegal to share or use another person’s identifying information without their permission with intent to commit or aid a crime (18 USC § 1028(a)(7)). Under the Act, identity theft is punishable by fines, criminal forfeiture of property used or intended for use in committing the offense, and up to 20 years imprisonment (§ 1028(b)). Visit the Department of Justice’s page on identity theft for information on other relevant federal laws.
Many states also have laws against identity theft.
Identity theft is a crime that often goes undetected. However, there are ways you can learn that you have become a victim of it.
The Internal Revenue Service (IRS) may send you a notice. IRS notice CP01E warns recipients that they may be victims of employment identity theft. Alternatively, you may receive a notice that asks you to verify income that you did not report on your tax return or one that asks you to confirm your received income where there is a discrepancy in your reported wages. If you receive one of these notices, it could mean that another person is reporting their wages to the IRS in your name.
You may be contacted by an employer whom you do not work for. This could happen if the employer hired the identity thief in your name and contacts you in confusion.
The Social Security Administration (SSA) may send you a notice or rejection letter because of income information it received from another person.
There are actions you may take if you believe your identity was stolen. The Department of Justice that you:
The best way to prevent yourself from becoming a victim of identity theft is to secure your identifying information so that it does not end up in the wrong hands. Examples of how you can protect your information include:
Here are some steps that employers can take to protect against employment identity theft:
Unfortunately, yes. Identity theft can cause a lot of confusion. The victim may not even know their identity was stolen, and the thief’s employer has hired someone other than who they thought. Further, the victim may encounter difficulties with their boss or with prospective employers.
For example, a background check on the victim could return misleading information that is attributable to the identity thief instead. The Fair Credit Reporting Act (FCRA) offers job candidates protection to help ameliorate this.
If a job candidate knows that their identity was stolen, they should inform their prospective employers. This way, the employer has notice that there may be something off in a background check so that they are more likely to follow up with the job candidate about it to clarify.
This CNBC article provides helpful advice and resources for job candidates and employees who are victims of identity theft.
Visit Workplace Fairness’ page on credit checks for more information.
Employees care about their privacy, but many employers cut into it to verify that they are working productively. During and following the Covid-19 pandemic, work-from-home became commonplace. With more and more people working remotely and on their personal devices, laws regarding privacy and monitoring of remote workers are ever salient. Use different word.
View the questions below to learn more. Consider visiting our other pages on privacy and workplace surveillance.
Yes. Regardless of whether employees work in the office, from home, or elsewhere, employers can monitor them in various ways – with few exceptions. Employers can surveil work on devices they loan to employees, can have employees install monitoring software on their personal electronics, and more so long as their monitoring is reasonable and serves a legitimate business purpose. Employers have a lot of leeway, but they are not completely unrestrained. View the questions below for more information.
The right to privacy is limited in the workplace; For remote workers, this can mean more than just a physical office space. The Electronic Communications Privacy Act of 1986 (ECPA), a federal law that extended the Federal Wiretap Act, limits electronic surveillance. However, an exception to the ECPA allows employers to monitor employees if they obtain consent or if they have a legitimate business purpose for doing so. As explained in our page on surveillance at work, this gives employers a lot of flexibility. Some states, such as Connecticut and New York, have enacted laws to limit this.
Not always. Although there is no reasonable expectation of privacy in the workplace, work from home may fall into a gray area. In most states, employers can monitor workers if they do so in a reasonable manner and for business purposes. Some states, such as New York, may require employers to notify employees when they hire them of any electronic monitoring they will conduct.
Even where disclosure is not required, workers frequently agree to surveillance without realizing it. Hiring contracts often include provisions about privacy and electronic monitoring. In other words, many employees sign employment agreements without even realizing that, in doing so, they also sign away some of their privacy.
Assuming an employer has permission or is doing so for a legitimate business purpose, they can monitor workers in many ways. With remote work on the rise, many employers are using software electronically to surveil their employees. For example, employers might be able to check how active or idle a device is, view how often a person is on social media during work hours, may be able to receive screenshots of workers’ desktops, and sometimes even access employees’ webcams.
Maybe. Employers can monitor nearly anything on company-owned devices that employees use, but many remote workers use their own phones and laptops to do their jobs. When signing contracts when hired, employees may be asked to consent to installing monitoring software on their own devices for work purposes. Even so, the monitoring must be limited to a legitimate business purpose. For example, it would likely be fine for a boss to track how often an employee opens social media during work hours. It would be unacceptable, however, for a boss to view employees’ online activity when they are not expected to be working.
While employers may hold at-will employees accountable for off-duty conduct, they likely cannot electronically monitor off-duty conduct. Even if a boss has permission to track workers’ online activity during work hours, they cannot continue to do so at other times. Visit Workplace Fairness’ page on workers’ privacy with off-duty conduct for more information. Reference our page on Social Media and link to it.
Zoom is one of many companies that remote or hybrid workers have become all too familiar with. The video conferencing application gained massive popularity during and after the Covid-19 pandemic, though many workers may be unaware of how bosses can use it to monitor their activity. Employers can rewatch recorded meetings, and they can adjust settings to limit who participants can send messages to. Following backlash, Zoom removed several monitoring features that it had before – including a feature that allowed meeting hosts to read private messages and a feature that would notify the host if any attendant minimized the app for over 30 seconds.
Unsurprisingly, people value their privacy. Despite employees being hesitant about their bosses looking over their shoulders even when they work from home, many employers still monitor their remote workers. Employers can see multiple benefits that they may believe outweigh privacy, such as the ability to track workers’ digital activity to ensure that work is getting done.
Even though remote work has been found to be significantly more efficient than in-office work, some employers remain skeptical. Some remote workers try to get around monitoring, such as by using software that moves their mouse every few minutes to look like their computer is remaining active. Though, remote workers should be careful, as some employees strictly prohibit these tactics.
According to a 2023 survey of remote and hybrid workplaces, 96% of companies affirmed that they use software to monitor remote workers. Of them, only 5% claimed that their employees did not know they were being monitored.
View Workplace Fairness’ other pages on privacy and workplace surveillance, or visit one of the sites below for more information on remote workers’ privacy rights:
Regular people who are not directly involved in the labor movement often find it hard to get interested in stuff that is happening at unions.
Here is the short chain of reasoning I use to explain why they should care: What is the biggest underlying problem in America? Inequality. What is the single most potent and plausible weapon against inequality? Labor unions. What do labor unions need to do to actually roll back inequality in a way that would improve your life? They need to organize millions of new working people.
So while it is understandable that the average person who is not in a union sees the topic of “union organizing” as some esoteric niche unrelated to them, that is not the case. This is the path to fix the whole country. When people feel like this doesn’t affect them, well — that’s just an indicator of the problem.
The next question in this chain is: What will it take for unions to organize at the scale that we need? There are some practical answers to this question — it will take money, it will take organizers, it will take a structure conducive to keeping the money flowing towards organizing.
But there is a more basic answer, that captures what has been lacking during the post-Reagan decades of declining union power: It will take ambition. Ambition!
Large parts of the union establishment still carry the sheepish look of a dog that has been beaten down for years. Living in a state of permanent decline, a life spent playing defense, has sapped them of the belief that things can be different. Their goals have gotten modest.
Modest goals won’t get us where we need to go. We need to think big. The labor movement needs, before anything, genuine ambition for a new America. Rather than gazing at the scale of the problem and concluding that it is impossible, we need labor leaders who see their jobs as climbing mountains no matter how high they are. Ambition is the most precious quality of all.
That is why yesterday’s announcement from the United Auto Workers that they are launching a campaign to unionize more than a dozen non-union automakers at once is so important.
The UAW knows that the biggest threats to its long term industrial power are the rise of big non-union auto companies like Tesla, and the fact that the auto industry has long been able to move plants to anti-union southern states in order to operate union-free. If left unchecked, those two trends will drain the UAW like a vampire, leaving it a hollow shell of a once-mighty institution.
To truly beat back those trends will take organizing at an unprecedented scale. It will take organizing 150,000 new workers into a union that only has 400,000 active members today. That is the sort of challenge that union leaders would traditionally regard as a vague, long-term problem, like “solving climate change,” to be addressed with small gestures in the present, in the hopes that maybe somehow something will happen down the road to make the whole thing easier.
Instead of that, the UAW has simply said: It will take organizing 150,000 new members to fix our problem? Then our plan will be to organize 150,000 new members. Let’s get to work.
This is exactly the mentality that the labor movement writ large needs, but does not have.
The UAW is seizing opportunities that unions too often squander. It is coming off a major strike win at the Big Three automakers, a strike that was itself hugely ambitious. Instead of coasting on that victory, UAW leader Shawn Fain is using it as an advertisement for the union, to pull in workers everywhere. When I interviewed Fain a week ago, I asked him which company would be his next organizing target, and he gave a kind of vague answer about how he didn’t care because the union wants to organize everyone. I thought that he was just avoiding the question. But it looks like he was being honest. They’re going after everyone.
This is the sort of campaign that will take years, and will take a lot of money, and will be hard. But they are making a plan to do it because it must be done, which is the step without which you can be absolutely sure it would never get accomplished.
Which other unions should be doing this? I would say “all of them,” but I don’t want to be too vague myself. Let’s say, for the sake of appearing practical, that this type of ambition is only realistic for industries that already have a strong union presence in them — industries where major unions operate, and have a traditional base, but where union density is not where it needs to be. Where else, then, should we see equally grand campaigns to organize hundreds of thousands of workers where unions are already established?
This is just a list I thought up in five minutes. It would be much longer. The point is that each of these areas has the same state of play that the UAW is facing in the auto industry. It’s not like the UAW looked at the richest union buster on earth’s electric car company, and the most racist anti-union states in America where they intimidate poor workers into not organizing, and thought to itself, “well this is all laid out real easy for us so I guess we’ll give it a shot.”
It’s hard! But it needs to be done.
There is zero reason why all of the unions I mention above cannot conduct themselves with the same level of ambition. All of those unions sit in industries where the power of organized labor is threatened by the growth of non-union employers. The Hollywood unions just won big strikes too, just like UAW. Will they likewise use this moment as a springboard into a vibrant union future? Or will they retreat back into their comfortable positions as those who are not lucky enough to be members of the unions are left out in the cold?
As important as the need to organize at scale is for preserving and growing the power of the unions, the moral importance of giving millions of non-union workers the protection of a union is even greater.
I want to see some grand plans! I want the building trades to get serious about organizing! I don’t want the tech industry, the most valuable in America, to coast along union-free! I don’t want all those grocery workers who put their lives at risk during the pandemic to wonder why the union in their industry doesn’t help them out, too!
I want unions, in general, to find the existence of enormous numbers of non-union employers right within their own industries to be intolerable and repugnant and the cause of a “war room”-like atmosphere that will persist until this grotesque situation changes.
Sorry for saying “I” so much. We! We want this. We need this. The working class of America needs unions to get on the UAW’s level.
Don’t be cautious. Be bold. Spend all your money on organizing. Go for broke. The conditions are not going to get better than they are right now.
If you are in a union, show them what the UAW is doing, and say: We need to do this, too. Time’s a-wasting.
This blog originally appeared at In These Times on Nov. 30, 2023. Republished with permission.
About the Author: Hamilton Nolan is a labor writer for In These Times. He has spent the past decade writing about labor and politics for Gawker, Splinter, The Guardian, and elsewhere. More of his work is on Substack.
Learn more about union rights at Workplace Fairness.
]]>Managers who oversee employees performing warehouse work, construction, welding, or any other physically demanding job function must ensure that their employees are safe and healthy.
It’s far too easy for an employee to get sick or injured if the proper protocols and benefits are not in place. Consider employing these strategies for the protection of your workforce.
The first step to promoting health and safety in your particular field is to pay attention and be aware of the risks so the employees can be safe and productive. Every industry has its unique issues. For welders, welding fumes can affect the nose or throat and disrupt breathing. Managers should inform welders to keep their faces as far from fumes as possible and to wear a respirator. Exhaust ventilation systems can also help.
Construction managers have a fair share of risks to be aware of when managing their sites. Falling objects, debris, and dangerous tools can pose a threat, so employees should be provided with appropriate protection equipment, from hard hats to masks to gloves. The manager should also gauge the dangers before the project starts, like seeing the potential for fire and putting out fire extinguishers.
Just about every physically demanding career also has a mental health component. Employees might stress about getting hurt on the job, and they may need to work long hours to complete their tasks and eventually get burned out. Managers can help their teams cope with stress and anxiety by having an open-door policy so employees can speak up when necessary. A work-life balance is also essential so the workers can go home, relax, and mentally refresh.
Warehouses provide their own host of risks, as the constant need to pick up and transport items can be exhausting. On top of that, many warehouses have a lot of machinery that can pose risks. Warehouses that store toxic chemicals can also be dangerous if the proper protocols aren’t put in place.
Luckily, there have been many technological advancements over the years that protect employees, and managers should take notice and advocate for their warehouses.
For instance, encourage the placement of sensors around the warehouse that can warn an employee if they’re getting too close to a dangerous area or in the route of a forklift. The tech can be essential when workers are distracted or lose their bearings when moving heavy loads. Many of the most exhausting, difficult, and repetitive tasks can be automated to take the human out of the equation completely.
When the goal is to enhance worker safety, managers can also get back to basics by placing signage and images around the warehouse. Various signs remind employees to wear protective equipment, provide instructions for using motorized equipment, and remind them about risks like toxic materials or electric shock. Everyone should be able to read signs despite vision limitations. Make words like “warning” bold, and use a font that makes the wording unmistakable.
Since the employees are doing such physically demanding work, it’s only fitting to provide them with a benefits package that rewards them and promotes their safety. These days, many high-risk industries are less likely to offer employee-provided health insurance because of the potential issues that can happen throughout the day, but your operation should buck that trend.
Providing healthcare options shows the workforce that the company cares and has their back if they’re hurt. Offer medical, vision, and dental insurance so your employees can care for themselves and their families. Provide plans with reasonable deductibles so the team can afford help when necessary.
Some unconventional but effective health benefits can help high-risk workers, like flexible schedules that allow workers to take a different shift so they can rest at home or take care of family issues. A gym membership is another great option because the employees can use it to relax by joining a yoga class, or they could hit the weights and be better prepared for their physically demanding roles.
If your company has employees who are often at risk, it’s only right to provide the best strategies to keep them safe while on the job. Look at your particular industry and put practices in place to protect your employees’ physical and mental health.
This blog was contributed directly to Workplace Fairness. It is published with permission.
About the Author: Katie Brenneman is a passionate writer specializing in lifestyle, mental health, and education When she isn’t writing, you can find her with her nose buried in a book or hiking with her dog, Charlie. To connect with Katie, you can follow her on Twitter.
]]>Despite the many advances in equity, pay inequity for women and people of color still exists, resulting in a significant pay gap among people holding down similar jobs. This means women and minority groups often receive lower pay than their white male counterparts for performing identical work. The move to remedy pay equity started in 1930 with the Fair Labor Standards Act. The 1960s brought the Equal Pay Act and the Civil Rights Act.
There has also been state level actions to close the pay gap, but there is still work to be done. Pay transparency is one tool to help ensure pay equity. They aim to decrease wage inequality and prevent employers from discriminating against job candidates or employees who inquire about or discuss salary. This page discusses federal and state laws for pay transparency, pay equity, and salary disclosure.
Pay transparency laws are regulations that require employers to disclose information about employee compensation, either to the employees themselves or to the public. These regulations require employers to be more transparent with salary ranges and benefits, and they aim to help promote fairness and equity in the workplace. For example, employers covered under this law must list the salary or hourly wage on their job posting. Some states also require employers to include salary and wage information in internal job postings as well as for employees who are seeking a promotion.
Pay equity means equal compensation for workers with similar job duties regardless of their demographics, such as gender, race, or ethnicity. For example, if two teachers teach the same grade and subject and have a similar educational background and tenure, then the two should both receive the same compensation.
Pay equity impacts everyone based on gender, sexual orientation, race, and gender identity. However, it is important to note that some face disparities disproportionately. In 2022, women earned 82 percent of what men earned. Hispanic or Latina women earned 58 cents for every dollar white men earned, and Black women earned 63 cents. This is known as the gender wage gap.
There are other factors that contribute to the gender wage gap, such as demographic factors, Family Responsibilities Discrimination (FRD), student loans, and more.
Title VII of the Civil Rights Act of 1964
Title VII prohibits discrimination based on race, gender, color, religion, and national origin. Title VII broadly prohibits sex discrimination in employment. The law covers private or public sector employers with 15 or more workers, state and local government agencies, employment agencies, and apprenticeship programs. There is no requirement that the jobs must be substantially equal. See the law for more information.
Equal Pay Act (EPA) of 1963
The EPA requires employers to pay men and women equally for doing the same job at the same workplace. The EPA does not have a minimum number of employees required for coverage. In addition, it covers multiple forms of compensation: salary, overtime, bonuses, life insurance, vacation and holiday pay, and more. See the law for more information.
The AAUW provides a source for knowing your rights under the EPA.
Yes. The National Labor Relations Act, employees have the right to communicate with other employees at their workplace about their wages. See the National Labor Relations Board website for more information. Some states have laws with restrictions on when you may discuss your salary with co-workers. Contact your state department of labor for more information.
Alabama. The Clarke-Figures Equal Pay Act prohibits all employers from refusing to hire, promote, or employ an applicant because the applicant does not provide their salary history. This Act also prohibits an employer paying a lower rate of an employee of a different race or sex for the same work. See the law for more information. See the law for more information.
Alaska: Alaska law requires employers to provide wage information upon hire and to notify employees when it changes. See the law for more information.
California: California employers with at least 15 employees, and with at least one located in California, must share pay scales in job postings. In addition, upon reasonable request, the employer shall provide the pay scale for a position to an applicant applying for employment as well as an employee for the position in which the employee is currently employed. Employers must also share salary and wage information with current employees upon request.
Employers are not permitted to ask for a job applicant’s salary history. The posting need not be for a job that is performed in California; the law applies to remote work positions too. In addition, employers are also prohibited from using salary history in their employment decisions for an applicant. Applicants may, “upon reasonable request” request pay scale information. This applies to all employers.
See the law for more information.
Colorado: The Colorado Equal Pay for Equal Work Act prohibits all employers from discriminating because of sex (including gender identity) — alone or with another protected status — by paying less for substantially similar work in terms of skill, effort, and responsibility. Under the act, employers are required to:
The law applies to Colorado employers with at least one employee, as well as out-of-state employers. This law also prohibits employers from seeking an applicant’s salary history when determining how much the applicant would be paid. See the law for more information.
Connecticut: Connecticut law requires employers to disclose to applicants and employees the salary ranges for positions upon request or before an applicant receives an offer. In addition, employers cannot:
prohibit employees from discussing their wages with co-workers,
prohibit an employee from requesting information about the wages of another employee,
require employees to sign anything that takes away rights to discuss their salary with other employees, require employees to sign a waiver denying their right to inquire about the wages of another employee, or bring in a direct or third party to inquire about an applicant’s salary history.
“Employer” means any individual, corporation, limited liability company, firm, partnership, voluntary association, joint stock association, the state and any political subdivision thereof and any public corporation within the state using the services of one or more employees for pay; (2) “Employee” means any individual employed or permitted to work by an employer.
See the law for more information.
Delaware: Delaware law makes it unlawful for an employer or their agent to screen applicants for employment based on salary history and seeking compensation history from an applicant’s former employer. This applies to all employers.
District of Columbia: According to D.C. law, government agencies may not ask applicants about their salary history unless the applicant has an offer from the employer.
Hawaii: Hawaii’s Equal Pay Act prohibits employers from asking applicants about their compensation from a previous job, and they cannot use past salary to determine the employee’s pay. This law also gives employees the right to discuss their salary with coworkers without retaliation. The law applies to all employers. See the law for more information.
Idaho: Idaho employers must notify employees of their wage information upon hire and request. See the law for more information.
Illinois: Illinois prohibits employers from asking about pay history, benefits, or other forms of compensation. Employers must include pay scale and benefits information in job postings. With some exceptons, no employer may discriminate between employees on the basis of sex by paying wages to an employee at a rate less than what an employee pays to an employee of the opposite sex for the same or similar work. Employees who are full-time, part-time, temporary, or permanent are covered under this law. Employers also may not use recruiters or third parties to determine the candidate’s salary history. The law does not apply if the applicant is internal or if the salary history is a public record. Salary history may be disclosed voluntarily by the applicant. All employers are covered by the law. See the law for more information.
Illinois also requires employers with at least 15 employees to include “pay scale and benefits” in job postings. “Pay scale and benefits” is defined as “the wage or salary, or the wage or salary range, and a general description of the benefits and other compensation, including, but not limited to, bonuses, stock options, or other incentives the employer reasonably expects in good faith to offer for the position.”
See the Illinois website for more information on pay transparency requirements.
Kansas: Upon request, Kansas employers must provide employees with written notice of their rate of pay and the day and place of payment. Changes to that information must also be posted or provided in writing upon request. See the law for information.
Louisiana: All Louisiana employers must provide wage information to new hires and current employees. See the law for more information.
Maine: Employers may not seek information about a prospective employee’s pay history until after a job offer has been negotiated. The law applies to all employers. See the law for more information.
Maryland. The Maryland Equal Pay for Equal Work Act requires employers to provide an applicant, upon request, with the wage range for the position for which they applied. Employers are not allowed to retaliate or discriminate against an applicant who does not provide a wage history or requests a wage range from the employer. The law also restricts employers from asking about an applicant’s salary history during the hiring process. Under the new law, employers are prohibited from:
The Act permits employers to inquire about a prospective employee’s wage history only after extending a job offer. The purpose of such an inquiry must be to justify a salary offer that exceeds the initial one.
Maryland also requires employers to provide written notices of pay rate, regular paydays, and leave benefits at the time of hiring. Pay stubs or online pay statements must include detailed earnings information
The law applies to all Maryland employers. See the Maryland website for more information.
Massachusetts: Employers cannot request salary history information. They can, however, confirm prior history if volunteered by the applicant or if an offer has been extended. The law applies to all employers. See the law for more information.
Massachusetts employers with 25 or more employees must disclose certain salary information to employees, applicants, and the Commonwealth. Employers with 100 or more employees in Massachusetts will have additional reporting requirements. See the law for more information.
Minnesota: The law requires employers with thirty or more employees to provide salary range and general descriptions of benefits in job postings. Specifically, qualifying employers must disclose “in each posting for each job opening with the employer the starting salary range, and a general description of all of the benefits and other compensation.” Employers may also list a fixed pay rate. See the law for more information.
Missouri: All employers with six or more employees are not allowed to ask about salary history or use it when determining salary or other compensation. Employers also cannot retaliate against employees for not disclosing their salary to the employer. See the law for more information.
Montana. Upon written request before starting work in the position, Montana employers must notify employees in writing of the wage rate (hourly, daily, weekly, monthly, or yearly) and paydays. The notice must be provided in writing to each employee or posted in a conspicuous place. See the law for more informationl.
Nebraska: Employers must provide notice of changes to wage information and may not punish employees for discussing their wages. See the law for more information.
Nevada: All employers are required to share the wage or salary range for a position to applicants who have completed an interview for such a position. This includes internal promotion or transfers. In addition, employers may not seek the wage or salary history of an applicant for employment or rely on the wage or salary history of an applicant to determine:
New Jersey: New Jersey mandates employers post internal and external job postings, including wage or salary ranges and benefits. The law applies to all employers with at least 10 employees over 20 calendar weeks that do business within the state, employ at least one person in the state, or even simply take applications for employment within the state of New Jersey.
The law requires employers to notify employees of internal and external positions available for promotion, transfer opportunities, and new jobs, except when a promotion for a current employee is awarded based on years of experience or performance.
See the law for more information.
Jersey City, NJ. Jersey City’s law requires a covered employer to include a minimum and maximum salary and/or hourly wage and benefits in job postings. It applies to all employers in the city with five or more employees. Employers with their principal place of business in Jersey City and who distribute print and/or digital job postings are covered by the law. See the law for more information.
New York: Employers with four or more employees are required to include the compensation or “range of compensation” for every advertisement for a job, promotion, or transfer opportunity if the job can or will be performed, at least in part, in the state of New York. The law also requires employers to include the job description for every advertisement for a job, promotion, or transfer opportunity, if such description exists. The law also prohibits employers from asking applicants about their salary history and includes an anti-retaliation provision. See the law for more information.
A few cities have passed their own laws. In Ithaca, all employers with four or more employees must publish the salary range for each new job. See the Ithaca website for more information. In New York City, employers with at least four employees must disclose salary ranges in job advertisements. See this New York City fact sheet for more information.
North Carolina: State agencies may not request pay history information from applicants and may not rely upon previously obtained prior salary information in setting pay. See the Executive Order for more information.
Oregon: Oregon employers may not take any adverse employment action or otherwise retaliate against any employee because the employee inquired about, discussed, or disclosed their wages or those of another employee. See the law for more information.
Pennsylvania: Pennsylvania employers must provide wage information to new hires and notify employees before any of that information changes. See the law for more information.
Rhode Island: Employers with one or more employees must provide a wage range for any position, including open jobs, upon request. The law requires employers to share wage ranges for current or prospective roles upon the request of an applicant or current employee.
In addition, employers may not seek pay history, nor can they rely on pay history when considering an applicant for employment or determining pay. They may, however, confirm and rely on pay history after an employment offer is made to support a higher wage than initially offered. Employers also must provide a wage range for a given position. The law applies to all employers.
See the law for more information.
South Carolina: Employers must provide employees with their wage information upon hire and provide notice of any changes to that information. See the law for more information.
Tennessee: Employers in Tennessee must notify new employees of their wages before they begin work and must provide notice of any changes to pay rates before the change takes effect.
Utah: Employers must provide employees with their wage information upon hire and notify them of any change to that information. See the law for more information. See the law for more information.
Vermont: Employers may not request applicants’ pay history. If that information is volunteered, employers may only confirm it after a job offer has been made. The law applies to all employers. See the law for more information.
Virginia: Virginia law prohibits employers with 25 employees or more employees from:
requiring as a condition of employment that a prospective employee provide or disclose the prospective employee’s wage or salary history.
attempting to obtain the wage or salary history of a prospective employee from the prospective employee’s current or former employers.
requesting a prospective employee to complete an application for employment that includes a question inquiring about the prospective employee’s wage or salary history.
asking a prospective employee in an employment interview any question intended to obtain information about the prospective employee’s wage or salary history.
See the law for more information.
Washington: Employers with 15 or more employees are required to post the wage or pay scale information and all other forms of compensation in a job posting. This applies to employees who are applying for an internal transfer or promotion. In addition, Employers may not seek pay history. They may, however, confirm that information if the applicant voluntarily discloses it or if an offer has been extended. Employers may not prohibit employees from discussing their wages. See the law for more information.
Washington also provides employers a cure period of five business days after receiving notice of a defective posting to change a posting to comply with the pay transparency requirements, and allows employers to advertise a single fixed pay amount in job postings instead of a pay range, in certain circumstances. See the law for more information.
West Virginia: At the time of hire, employers in West Virginia must notify employees in writing of the rate of pay, and of the day, hour, and place of payment. In addition, mployers in West Virginia must notify employees, at least one pay period in advance, of any changes in the rate of pay or the day, hour, or place of payment in writing or through a posted notice maintained in a place accessible to employees. See the law for more information.
Employers should make pay equity a core part of their workplace culture. A few steps that employers should consider are removing bias from the hiring process, encouraging employees to ask questions about their salary information without fear of retaliation, make sure compensation information is posted on the job listing, and encourage employees to discuss salary information with each other without fear of retaliation.
Additional resources for employers include:
Building pay equity into your culture, policies and practices
Pay Equity: What It Is and Why It’s Important
On Oct. 23, the U.S. Department of Homeland Security released proposed revisions to the H-1B visa program to “modernize and improve the efficiency of the H-1B program, add benefits and flexibilities and improve integrity measures.”
This is good news, but these changes don’t address the bigger problem, which is that the number of H-1B visas issued is woefully inadequate to support America’s economic future and the financial health of our colleges and universities.
The U.S. economy’s unrivaled strength is fueled by the constant influx of skilled foreign workers from its top-notch colleges and universities. New companies, industries and innovations have sprung from this flow of talent from other countries. However, this vital lifeline is facing a dire threat due to outdated H-1B work visa limitations coupled with anti-immigration sentiment that gets nastier with each new global conflict.
The H-1B visa was originally designed in 1990 to address the nation’s need for skilled workers. At the time, Congress allowed 65,000 of these temporary work visas to be issued a year. Applicants needed to have graduated from an accredited college or university and have a job offer from a U.S. company or non-profit organization.
However, the H-1B cap has failed to keep pace with the exponential growth of the U.S. economy, leaving skilled workers in short supply. Specifically, while the U.S. economy grew nearly five-fold from $5.5 trillion in 1990 to $26.85 trillion in 2023, the number of H-1B visas has increased only by 20,000 to 85,000.
Despite the proposed amendments, our H-1B program endangers America’s position as the number one economy in the world in several ways.
First, the American economy is suffering from a shortage of skilled workers in some industries with unemployment at 3.9 percent. This labor shortage is hurting businesses and restricting U.S. economic growth. Overall, there are 9.6 million job openings. Even if every unemployed U.S. citizen is hired, there would still be approximately 3 million unfilled unfilled positions. Skilled workers are in high demand, as shown by more than 60 percent of unfilled job openings in professional and business services according to the U.S. Chamber of Commerce.
Countries that do not have enough workers find their economies quickly falling behind. One example is Japan, where the country’s low birthrate and high longevity have led to an aging population and serious employment problems, which limit growth and the necessary income tax revenues to support its infrastructure.
This is a segment of a blog that originally appeared in full at The Hill on Nov. 21, 2023. Republished with permission.
About the Authors:
Marcela Miguel Berland is the founder and president of Latin Insights and an adjunct professor at New York University.
Matthew Lee Sawyer is the founder of USAccelerator.biz and an adjunct professor at Columbia University and New York University. He is the author of the 2022 book, “Make It In America; How International Companies and Entrepreneurs Can Successfully Enter and Scale in U.S. Markets.”
]]>According to the United States Department of Interior, about 1 billion pounds of pesticides are used yearly. Pesticide use can be harmful to worker safety and health. There are ranging adverse health effects that workers and employers should keep in mind when handling these chemicals. This page includes information and resources on pesticide safety that will help keep you and your coworkers safe.
Pesticide categories include insecticides, rodenticides, fungicides, herbicides, and repellants. See the Environmental Protection Agency website for more information.
Pesticides are most used in the agriculture industry. According to FoodPrint, agriculture makes up 90 percent of pesticide use in the United States, making farmworkers most at risk when it comes to the adverse effects of pesticides because they use them frequently over a long period of time.
As a worker and employer, it is important to understand the side effects of using pesticides to promote health and safety at work. According to the University of Missouri, effects generally fall into three categories: allergic, acute, and delayed.
There are effects from both short-term and long-term exposure to pesticide use. Long-term effects include harm to brain function, reproductive issues, neurological disorders, cancer, and more. Early symptoms of pesticide exposure include headache, nausea, dizziness, and increased secretions (e.g., sweating, salivating).
Pesticides can enter your body through your mouth (ingestion), nose or mouth (inhalation), your eyes (ocular), or your skin (derma). Personal Protective Equipment (PPE) can protect you from exposure to pesticides. The different types of PPE you might use are gloves, footwear, eye and face protection, body protection, respiratory protection, and head protection.
Pesticides have ranging health effects based on the level of danger and the length of exposure to a pesticide. It is important that you are aware of the dangers of the pesticides you are using to take the appropriate measures against exposure and further contamination. Reading and understanding a pesticide label before using it gives insight on application, risks, and preventative measures. The label can also indicate how toxic the pesticide is by listing signal words (DANGER, WARNING, CAUTION).
Here is an example of a pesticide label according to the US Environmental Protection Agency. According to the National Pesticide Information Center, there are several points that the pesticide label should address. Reading and understanding a pesticide label before using gives insight on application, risks, and preventative measures. The label can also indicate how toxic the pesticide is by listing signal words (DANGER, WARNING, CAUTION).
There are steps you must take if you are exposed to pesticides. First aid procedures are important for workers to know about before beginning to apply any pesticides at work. The EPA states that if human exposure occurs:
EPA’s publication, Recognition and Management of Pesticide Poisoning provides information about symptoms caused by poisoning with specific pesticides and treatment information.
Under the Occupational Safety and Health Act (OSHA), employers are required to comply with regulations relating to pesticide exposure. These regulations are in the General Industry, Construction, and Maritime standard categories. Specifically relating to pesticides, OSHA requires employers to maintain information relating to chemicals under the Hazard Communication Standard.
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) is the federal law under the Environmental Protections Agency that regulates the use, sale, and distribution of pesticides. Key responsibilities under FIFRA include proper labeling, ensuring applicators are trained properly, and pesticides are stored appropriately.
All pesticide products must be labeled properly by law under FIFRA. According to 40 CFR Part 156, registered pesticide products must be labeled accurately with the listed information: Name, brand, or trademark product sold under; Name and address of the producer or registrant; Net contents; Product registration number; Producing establishment’s number; Ingredient statement; Warning or precautionary statements; Directions for use; Use classification.
According to the Environmental Protection Agency (EPA), the Worker Protection Standard (WPS) aims to reduce pesticide poisonings and injuries among agricultural workers and pesticide handlers. The WPS offers occupational protections to over 2 million agricultural workers and pesticide handlers who work at over 600,000 agricultural establishments. In 2015, the EPA revised the WPS to decrease pesticide exposure incidents among farmworkers and their family members. Fewer incidents means a healthier workforce and fewer lost wages, medical bills and absences from work and school.
WPS covers pesticide handlers and agricultural workers at farms, nurseries, forests, and greenhouses. To learn more about the groups covered, compliance, and exceptions visit this page by the EPA.
Acco
There are several ways that workers can take measures to protect themselves from pesticide contamination. For example, reading the label, washing your hands, wearing PPE, and taking cautionary measures when eating or drinking water. However, employers must also take measures to protect their employees. As an employer, make sure that you have PPE readily available, training on how to apply pesticides, pesticide first aid training, decontamination supplies, safety data sheets, and additional resources on the pesticides you are using in a language you understand.
As an employee, you have the right to file a complaint against your employer if they are not compliant. Visit this page to learn more about how to file a complaint.
What role do the states have in enforcing pesticide laws?
In each state one agency works cooperatively with the Environmental Protection Agency to enforce federal pesticide regulations and respond to potential complaints. See the National Pesticidehttp://npic.orst.edu/reg/state_agencies.html Information Center for state information.
rdion Content
National Pesticide Information Center (NPIC) 1-800-858-7378
Association of Farmworker Opportunity and Programs (AFOP) Pesticide Safety Training
Occupational Pesticide Safety and Health
Worker Protection Standard – NPIC
Minimizing Exposure at Work – NPIC
Pesticide Safety Tips – US EPA
His voice read despair and his face defeat. He had been beaten down as a vet coming home from Vietnam, and now he and his union were beaten again.
When, he wondered, are the defeats going to end?
The vet and unionist was slowly taking down a picket station that the United Auto Workers (UAW) had set up in Peoria, Ill., during its heartbreaking battle with Caterpillar. After four years of running strikes from 1991 to 1995, the union had grudgingly accepted the company’s original offer, suffering a deep emotional and organizational wound.
It was the 1990s and organized labor seemed impaled on a death spiral. The Peoria workers’ despair would spread across blue-collar America, driven by factory closings and crushed expectations of a decent, good-paying job.
Strikes had dwindled. Contracts were riddled with givebacks, paltry wage increases and disappearing benefits. U.S. labor, heaving with discontent over its downward slide, would eventually break into competing factions.
In writing a book about that vet and other workers in 2001, I called the effort “Three Strikes.” But I wasn’t counting disputes or walkouts; I was leaning on the baseball metaphor.
I was asking an existential question. Jobs were fleeing overseas, profit-driven executives helped erase decades of labor rules and protections and many politicians and citizens were ignorant to the plight of workers.
The question: Was labor fated to go out on strike three? That was the future as I saw it.
But that was then, and now labor may be the phoenix rising from its ashes.
Consider the signs: Strikes are up. Contract deals are sweeter. And notwithstanding business experts’ warnings about the futility of strikes, especially ones based on unprecedented demands, workers across industries have racked up stunning contract gains.
Take the Teamsters, for instance. Despite UPS’ plea that it had to conserve money, the Teamsters won a $7.50 per hour pay raise over five years for all of its members, put an end to forced weekend overtime and won air conditioning for new delivery vehicles.
Not too long after, the UAW scored the largest wage and benefit increases in decades. It canceled out concessions with the automakers in 2008, saved plants slated to close and won a foothold in newly opened electric vehicle battery plants.
Kaiser Permanente workers won a 21% pay increase over four years. And after a long strike and the entertainment industry’s initial dismissal of the union’s demands as unacceptable and far-fetched, the Writers Guild of America (WGA) won pay increases, improvements to pensions and other benefits and secured protections from the use of artificial intelligence to replace workers. The union valued the annual gains for its three-year contract at $233 million. American Airlines’ 15,000 pilots also recently won jaw-dropping pay raises without going on strike.
Things are far different from when I was writing my book. This time, union leaders fed on their members’ dismay to stage unusually combative, in-your-face contract campaigns that produced results. Rank-and-file Teamsters joined the bargaining, and both the Teamsters and the UAW launched daily media campaigns and loudly voiced their complaints when they didn’t like the companies’ offers. In the late 20th century, bargaining was largely done in secret, and members did not know the details of the contract until it was time for a membership vote.
This is a segment of a blog that originally appeared in full at In These Times on Nov. 17, 2023. Republished with permission.
About the Author: Stephen Franklin is a former labor writer for the Chicago Tribune a Pulitzer Prize finalist, and an adjunct professor at the University of Illinois Urbana-Champaign School of Labor and Employment Relations.
]]>
After a six-week rolling strike across the auto industry that garnered international attention, the United Auto Workers has reached tentative agreements with all of the automakers that make up the Big Three: Ford, Stellantis and General Motors.
Now the union’s members are voting on whether to accept the deal.
“Everything we’ve won, we’ve won together. Our union just showed the world what’s possible when workers unite to fight for more. We’ve created the threat of a good example, and now we’re going to build on it,” said Shawn Fain, the union’s president, during a live stream.
Fain, who took office only six months before the walkout, has called the agreements “an astonishing victory” for the Big Three’s more than 145,000 workers. This was the first time the UAW has called a strike against all three companies simultaneously.
In 2008, amid the nation’s economic collapse, the UAW agreed to major concessions during contract negotiations, and it has struggled to fully recover. The union was also hampered by corruption, with more than a dozen officials caught reportedly embezzling millions of dollars in union funds between the early 2000s and as recently as 2021.
But those scandals helped pave the way for these monumental new agreements the UAW just secured. That’s largely because before this most recent union election, union officers had been chosen by convention delegates instead of directly by members. Fed up with business as usual, members organizing within a reform caucus, Unite All Workers for Democracy (UAWD), fought hard to pass a one-member-one-vote policy, which allowed workers to directly elect their officers.
In the subsequent election, Fain narrowly won after a runoff. His victory was not only a win for him but a referendum on the overall direction of the union, with many members organizing and hoping for a more transparent and militant organization, especially in negotiations with the Big Three.
Stefan Marken, a member of Local 600 in Dearborn, Mich., and an activist with UAWD, says Ford and the UAW have shaped his life. His great-grandparents, uncles, aunts and father all worked for the company, and he’s been there almost nine years. Before Fain, this past strike and the current agreement, Marken says all he knew “was corruption.”
“My first contract in 2015 was corruption, 2019 was corruption, all the UAW presidents got indicted, Marken says. “This is the first time since I’ve been a member of the UAW that I have faith and that I believe in our union.”
This is a segment of a blog that originally appeared in full at In These Times on Nov. 16, 2023. Republished with permission.
About the Author: Mindy Isser works in the labor movement and lives in Philadelphia.
]]>Sex workers are confronted with stigma, violence, and discrimination. Because few states have Good Samaritan laws that shield sex workers, they often have limited options to seek help or to report crimes without facing repercussions. This page explains what sex work is, the issues faced by sex workers, and the federal and state laws governing sex workers.
Sex work is the exchange of sexual services, performances, or products between consenting adults of a legal age and mental capacity to consent for material compensation. Sex work only refers to voluntary sexual transactions. It does not refer to human trafficking and other coerced or non consensual sexual transactions such as child prostitution.
Sex work is diverse and may apply to sexual or erotic activities for payment. It goes beyond prostitution, which exclusively describes the exchange of sexual acts for payment. Types of sex work include various consensual sexual services or erotic performances involving varying degrees of physical contact with clients, such as webcam modeling, stripping, pole dancing, phone sex, erotic dancing, and erotic massage.
Sex workers use physical, psychological, interpersonal, technical, and money management skills to perform their work. They also need the mental and emotional capacity to deal with the strong prejudice levied against them.
Sex workers do this work to make a living. While sex workers are often asked why they do this work, gas pump attendants, office clerks, doctors and lawyers are seldom asked to explain their motivations behind their profession. Being conscious of and challenging this double standard contributes to the social integration of sex workers and, as a result, to the fight against their marginalization. At the end of the day sex work, as other work, is an economic activity people engage in to pay for living expenses such as rent, food or bills.
Individuals working in the sex industry deserve to have better control over their working conditions. Sex workers should be recognized as full citizens, listened to without being judged, taken seriously, and integrated into the community without fear of being ostracized. They also need their human rights to be recognized and respected, and to have access to public services without discrimination.
One common question is why are certain sexual acts for money are legal and others are not? Generally, this refers to exotic dancing and pornographic films. The answer is that in both situations the activity is only somewhat legal under certain circumstances and may easily become illegal if a very thin line is crossed.
In the case of exotic dancing, states and local municipalities are usually responsible for licensing the conduct and providing regulations for how it may be conducted. While some jurisdictions allow things like contact and partial nudity with patrons, others do not. Some require that performers be licensed, and others do not. The laws are so widely varied that you will need to check with local counsel to have your specific questions answered. Visit workplacefairness.org for a directory of employment attorneys.
Pornography lives in a unique legal gray zone. Just as in prostitution, performers are paid for sex acts, but this is usually not considered illegal. The distinction comes down to who is paying and the purpose for the sex. If a third party pays two people to have sex while it is recorded, this is a performance for entertainment purposes. The question becomes much fuzzier if the person paying for the performance is also involved in the sex act, and it is not at all clear that simply recording the sex act makes it a legal performance versus simple prostitution. Contact a lawyer to learn more about the law in your state. Visit workplacefairness.org for a directory of employment attorneys.
Good Samaritan laws provide legal immunity to people who report certain crimes. They encourage crime-reporting so that victims may be helped. In relation to sex work, Good Samaritan laws protect sex workers from liability and prosecution if they seek help from police by reporting sexual assault.
New Hampshire. HB 123 grants immunity from prosecution for prostitution for reporting a sexual assault.
Nevada. HB 18 directs that a person who reports to law enforcement that the person is a victim of or a witness to a crime that arose from the person’s involvement in prostitution or human trafficking shall not be cited, arrested, or prosecuted for a violation of the prostitution statutes.
Individuals participating in sex work often lack the legal and social protections afforded to workers in other industries. Without explicit legal or labor protections afforded by union support, sex workers are especially vulnerable to sexual assault, stalking, harassment, and other forms of abuse from law enforcement. As independent contractors, many dancers are also hesitant or unable to report clubs and management for labor violations like infrastructure failures or a culture of sexual harassment and violence.
The internet allows sex workers to expand their audience and enhance their safety. Benefits include a reduced risk of violence, better wages and adherence to payment, less opportunities with negative interactions with law enforcement, and more.
Like all other employees, exotic dancers and similar workers are entitled to a safe workplace. The Occupational Safety and Health Administration (OSHA) requires strip clubs to comply with the same safety and health standards that it imposes on other businesses. Safety includes freedom from violence, such as assault and sexual harassment.
In addition to federal authorities enforcing these laws, some sex workers have themselves coordinated to insist upon their rights. For example, a group of exotic dancers for a club in Los Angeles protested poor working conditions by wearing costumes to represent their employer’s alleged OSHA violations.
Strippers United is an example of advocacy organizations run by current and former sex workers. It informs exotic dancers and similar workers of the employee rights, from workplace
safety concerns to forming unions.
Women, transvestites, and transsexuals working in the sex industry need to have better control over their working conditions. They need to gain or improve the personal skills and abilities that allow them to live and work in a healthy way with dignity. People who do sex work need to be recognized as full citizens, listened to without being judged, taken seriously, and integrated into the community without fear of being ostracized. They also need their human rights to be recognized and respected, and to have access to public services without discrimination.
Human trafficking is an egregious human rights violation involving the threat or use of force, abduction, deception, or other forms of coercion for the purpose of exploitation. This may include forced labor, sexual exploitation, slavery, and more.
Sex work, on the other hand, is a consensual transaction between adults, where the act of selling or buying sexual services is not a violation of human rights. Conflating trafficking with sex work can be harmful and counterproductive.
Sex worker organizations oppose exploitation, and many argue that the most effective way to address exploitation, including human trafficking, is to strengthen workers’ rights and address economic injustices. Precarious work, restrictive migration policies, and gender inequality all contribute to greater vulnerability to exploitation.
International Sex Workers’ Day is a global annual event dedicated to observance and raising of awareness about the rights and well-being of sex workers around the world. The day offers an opportunity to highlight the challenges faced by individuals involved in the sex industry and promote discussions on how to ensure their safety, dignity, and human rights.
International Sex Workers’ Day holds immense importance for advocating the rights of sex workers and combating the prejudices they face. It aims to challenge the social stigma surrounding the profession and raise awareness about the need for safer working conditions, access to healthcare, and legal protections.
Prostitution is a legal term that involves engaging, agreeing, or offering to engage in sexual conduct with another person in return for a fee.
Prostitution is illegal in all states except Nevada and Maine. Whether or not other types of sex work is illegal depends on how states define those acts. Nevada law prohibits solicitation and prostitution unless it takes place in a licensed house of prostitution. Only 10 counties in Nevada allow prostitution. Maine decriminalized prostitution for the adults who sell sexual services, not for buyers. See the law for more information. See state laws for more information.
Prostitution is a morally charged term that has been associated with deviance, corruption and criminality, and still is today. The use of terms like “prostitution” and “prostitute” restrict a person’s identity to the activities they engage in. These activities should be defined as work because it is an occupation that generates income. Using the term sex work helps draw a distinction between the economic activity and the person’s identity.
The Big Three fell like a house of cards.
The UAW’s historic Stand-Up strike ended — for now, at least. After 44 days on the picket line, the Auto Workers have reached tentative agreements with each of the Big Three automakers. GM was the last domino to fall on Saturday, October 28, just days after Ford and then Stellantis acquiesced to their own tentative deals.
50,000 strikers have returned to work, and all 146,000 Big Three union members are now voting on the contracts. While it’s up to the workers to decide whether the deals are adequate, one thing is already clear: the UAW has turned the tide on decades of concessionary bargaining.
For this episode, we invited Barry Eidlin back on the show to unpack the gains and wider implications of the UAW’s tentative agreements. Barry Eidlin is an associate professor of sociology at McGill University, who studies class, labor, politics and social movements. He is the author of Labor and the Class Idea in the United States and Canada, published by Cambridge University Press in 2018.
We explore why the agreements may represent a shift toward a “new kind of unionism,” how the UAW’s prospects for organizing the rest of the auto industry may have changed, and what listeners should be following in the rest of the labor movement.
The transcript for this podcast is included with the original article.
This is a segment of a blog and podcast that originally appeared in full at In These Times on Nov. 10, 2023. Republished with permission.
About the Authors:
The labor movement is a capricious friend — it hands out heartbreak as much as it hands out joy. But every once in a while, it is able to wave a triumphant flag and give us all a glimmer of what its potential could truly be.
The recently concluded UAW strike offered just such a moment. It wasn’t just the contract agreements themselves, which were a material success, but also the union’s public call for movement-wide coordination to build the possibility of mass action around the May 1, 2028 expiration of the next auto contracts.
“We invite unions around the country to align your contract expirations with our own so that together we can begin to flex our collective muscles,” the UAW declared on October 29.
This could be the beginning of the most exciting resurgence of American organized labor power in a century. Or, it could just be a tweet. What happens in the coming months will determine which of those things is the case.
The general feeling of a labor power resurgence since the pandemic has been fueled by a procession of high profile wins: The Starbucks and Amazon union drives, the massive organizing on college campuses, the friendly Biden administration and its uniquely pro-union NLRB, the historically high favorability of unions in public opinion polls, the periodic mini-strike waves at a variety of fed-up workplaces.
This year, we have seen a trio of actions — the Teamsters backing down UPS with a credible strike threat, and the successful WGA and UAW strikes — that show what can be won with the power of strikes at a larger scale.
All of this is encouraging. All of this is evidence of a real shift in public sentiment. All of this, however, does not add up to a robust and lasting change in the balance of power between capital and labor. Right now, what we have are a bunch of discrete occurrences, a bunch of data points that amount to proof of potential.
There are two things that will determine whether or not this promising moment leads to a true, historic revival of the labor movement.
The first is easily measurable: union density. Barely one in ten American workers is a union member today. Despite all of the wins just mentioned, that number has not risen in the wake of the pandemic. The primary thing that unions need to do today is to organize more union members. Without this, organized labor is a walled and shrinking garden, rather than a legitimately expansive force for society-wide change.
The second thing is related to the first, but it offers a broader menu for action: We must see some tangible coordination of action across the U.S. labor movement.
It is great when one union wins a contract, or organizes an important new company, but those isolated events will not be enough to take on the combined power of trillion-dollar multinational corporations and their political allies. Not even when they involve tens or hundreds of thousands of workers. Big unions, the ones with the most resources, along with whatever non-union groups want to help them, must be able to sit down and plan and carry out big national campaigns together if we want to have any chance at winning the class war.
Amazon will never be a unionized company without an enormous, multi-union campaign. Nor will the powerful and wealthy tech industry be organized without an enormous multi-union campaign. We will never achieve the eternal goal of “organizing the South” without an enormous multi-union campaign. Nor will we ever pull off strategic general strikes without an enormous multi-union campaign.
The process of scaling up from some unions making incremental progress to a national labor movement strategically building and exercising labor power wherever and whenever it needs to, all in order to drown the monster of inequality once and for all, will require a whole lot of coordination. That sort of coordination — the sort that happens in service of movement goals, rather than those of individual (and sometimes feuding) unions — really doesn’t happen today.
Ideally, an organization like the AFL-CIO would have begun coordinating such an effort years ago. But they haven’t, and there is little evidence that they will. So unions will have to build these coalitions themselves. And that’s what made the UAW’s public call for other unions to line up their contract expiration dates with theirs so exciting.
This is not some meaningless fringe group. This is a powerful, national union with more than 400,000 active members, fresh off winning a consequential industrial strike, that is shining the Labor Movement Bat Signal high in the sky and beseeching its peers: Join us! If we get ourselves aligned, in four and a half years, we can really put the capitalists in a headlock.
There is much to love about this strategy. It is both powerful and achievable. Lining up contract dates does not require the blood, sweat, and uncertainty of huge new organizing campaigns. It is a way to make existing unions stronger by drawing their influence together into a single point. (Look at the Culinary Union in Las Vegas, currently threatening to strike the entire Las Vegas strip, for an example of what can be won with this tactic in practice.)
Doing this not just in one union or one industry but across many unions in many industries can set the stage for a mass walkout.
It can make political power brokers pay attention in ways that they otherwise wouldn’t. It can captivate the public, and draw them into the fight even if they are not union members. It is a real world example of scaling up. It is not just one group of unionized workers making a demand for themselves; it offers the promise of workers in general making demands for the entire working class, backed up by the threat of a general strike.
It’s not a dream. It can be done. The UAW is exactly the sort of credible organization that can be the launching point.
This partial blog originally appeared in full at In These Times on Nov. 8, 2023. Republished with permission.
About the Author: Hamilton Nolan is a labor writer for In These Times. He has spent the past decade writing about labor and politics for Gawker, Splinter, The Guardian, and elsewhere. More of his work is on Substack.
Learn more about unions at Workplace Fairness.
]]>The Israeli military has been bombarding Gaza for weeks — dropping thousands and thousands of bombs and killing more than 9,000 Palestinians—including more than 3,700 children — and displacing some 1.4 million.
On Oct. 16, Palestinian trade unions issued a call to action for organized labor and workers everywhere “to halt the sale and funding of arms to Israel — and related military research.”
The Palestinian labor coalition — including the Palestinian General Federation of Trade Unions — specifically called on trade unions around the world to: Refuse to manufacture weapons destined for Israel, refuse to transport weapons to Israel, pass motions in their individual trade unions demanding the same, take action against companies complicit in the siege of Gaza, and apply pressure to governments to stop supporting and funding the Israeli war machine.
The call resonated with some union members in the United States, including Alice, a delegate with the Olympia, Washington-based Thurston-Lewis-Mason Central Labor Council (TLM CLC). The TLM CLC represents the AFL-CIO-affiliated local unions in the western Washington counties of Thurston, Lewis and Mason.
Alice (who asked that her last name not be published because she fears being targeted by anti-Palestinian groups) saw the call from the Palestinian trade unions and was inspired to draft a resolution for the TLM CLC to publicly affirm its solidarity.
After the council discussed and unanimously adopted Alice’s measure on Oct. 18, according to two TLM CLC delegates, an announcement with a link to the resolution was posted on the council’s website and Twitter account.
The resolution stated that the labor council “opposes in principle any union involvement in the production or transportation of weapons destined for Israel.” It also encouraged the national AFL-CIO to “publicly support an immediate ceasefire and equal rights for Palestinians and Israelis.”
But the following Monday, an AFL-CIO senior field representative informed the board that the resolution did not conform with the national AFL-CIO’s official position, according to interviews and emails shared with In These Times.
He specifically pointed to a press release issued by the national labor federation on Oct. 11 calling for “a swift resolution to the current conflict to end the bloodshed of innocent civilians, and to promote a just and long-lasting peace between Israelis and Palestinians,” but not explicitly mentioning a cease-fire or opposing the production and shipment of weapons destined for Israel. (Some AFL-CIO-affiliated unions represent workers in the defense industry, including the International Association of Machinists and Aerospace Workers and United Auto Workers.)
By differing from the AFL-CIO’s stated position, the field representative explained, the TLM CLC’s resolution was technically void because it violates a governance rule, Rule 4(b), which states: “Area labor councils, as chartered organizations of the AFL-CIO, shall conform their activities on national affairs to the policies of the AFL-CIO.” He further clarified to Alice that the rule “has long been understood to apply to international positions as well as national.
Meanwhile, the resolution had already gained widespread public attention after the TLM CLC’s statement about it was retweeted by the Democratic Socialists of America’s National Labor Commission.
This partial article originally appeared in full at In These Times on Nov. 2, 2023. Republished with permission.
About the Author: Jeff Schuhrke is a labor historian, educator, journalist and union activist who teaches at the Harry Van Arsdale Jr. School of Labor Studies, SUNY Empire State University in New York City. He has been an In These Times contributor since 2013. Follow him on Twitter @JeffSchuhrke.
]]>The Portland Association of Teachers (PAT) walked out on strike on Nov. 1, closing 81 schools. The 4,500-member union is demanding more counselors, more planning time for teachers, more support for special education students, smaller class sizes, and increased salaries and cost-of-living adjustments.
The union’s demands “are a paradigm shift for the state of Oregon,” said ninth grade teacher Sarah Mykkanen. “We aren’t just reacting to something negative, we are demanding a whole new view of what schools do, of how schools give students what they need.”
The union represents classroom teachers in the Portland Public Schools. While the district’s teachers have authorized strikes in the past, they’ve never walked out, though they’ve worked for as long as two years without a contract. Members I spoke to say they’d felt demoralized and defeated.
But that shifted when they returned from the pandemic.
Like many districts across the country, since Covid Portland has seen an increase in the number of students who are disruptive, suicidal, or have multiple emotional needs. While teachers struggled to attend to these students, the district pressured them to focus on academics.
”It was academics, academics, academics,” said Mykkanen. “Four new canned curriculums. Go. Go. Go. Just like a steam engine.”
“[We] reached a point where we realized, I cannot meet the needs of students alone,” said tenth grade chemistry teacher Chris Schweizer. “The only way we can meet the students’ needs is to act collectively.”
The union’s leadership supported this collective approach. President Angela Bonilla brought a fighting spirit and a plan to win when she took office in 2022. The plan added co-chairs to committees, which opened up more positions for members who wanted to lead.
The union also organized meetings for special education teachers and early childhood educators as their particular concerns could otherwise get lost in union planning. Building representatives were taught how to file grievances, and encouraged to file them rather than wait for union staff to do it.
The shift in how the union did its work became clearer as teachers prepared their contract campaign. Each school developed its own contract action team (CAT). While actions were suggested and led by the union-wide CAT, schools made their own plans and developed their own actions.
The union surveyed members and then, after mapping buildings, member-leaders went out to talk with members and to listen.
“It was illuminating to have those conversations and find out what members care about,” said Schweizer. “Maybe not pay, but maybe special ed or mental health support. Those conversations have been a big difference in building up trust.” They also held regular happy hours and cookouts to bring staff together.
Over the course of the spring and into the fall, the CATs organized actions. Each building erected a large poster board with the contract demands for members to sign on to show their support. In April they held a week of actions that included packing the school board meeting, a day of displaying solidarity posters, and a rally.
As the school year came to an end, they held walk-ins and walk-outs: teachers entered the school together at the beginning of the day and left together at the end of day. Over the summer, PAT members showed up at community events to keep spreading the word about their demands.
Matt Reed, a high school social studies teacher, said the turning point for him was a school committee meeting attended by so many members—600 by some counts—that it could not be held because it would violate the fire code.
This was followed by open bargaining sessions crowded with members. In one session, when the school district’s negotiating team came back from a caucus, union members lined up, all in their PAT blue. Management’s team had to walk a silent gauntlet, “a full 90 seconds of silence while they walked back,” said Mykkanen.
More and more members got active and took leadership roles. As I spoke with Mykkanen at the end of the school day just two days before the strike she said, “There’s a stand-up meeting going on right now and I don’t have to be there. We have 18 members in our building CAT. It’s self-propelling.”
This partial article originally appeared in full at Labor Notes on Nov. 1, 2023. Republished with permission.
About the Author: Barbara Madeloni is Education Coordinator at Labor Notes and a former president of the Massachusetts Teachers Association.
Read about laws relating to unions at Workplace Fairness.
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Nowadays, the work environment is often fast-paced and demanding. As such, many individuals grapple with the detrimental effects of toxic workplaces. From micromanagement to constant negativity, these unhealthy environments can significantly impact people’s mental and emotional well-being.
However, amidst the challenges, many powerful tools can help you navigate this difficult terrain: self-care and empowerment. Read below to learn how to ensure positive mental health in the workplace, especially in a toxic one.
A toxic workplace is more than just a challenging work environment—it’s a place where negativity and harmful behaviors thrive, causing detrimental effects on employees’ well-being and performance. As such, recognizing the signs of a toxic workplace is crucial. It allows you to address and navigate these challenging circumstances effectively.
Working in a toxic environment can significantly affect employees psychologically and emotionally. Firstly, the constant exposure to negativity, stress, and hostility takes a toll on their well-being and overall mental health. They may experience heightened levels of anxiety, depression, and chronic stress. In turn, burnout and emotional exhaustion can increase in the workplace.
Prolonged exposure to a toxic workplace can lead to long-term consequences that erode an individual’s self-esteem. They may have problems with self-confidence that can impact their sense of self-worth. Employees may also question their abilities as they lose faith in their professional skills. These consequences can even extend beyond the workplace, affecting their personal relationships.
More than that, toxic workplaces can hamper productivity and job satisfaction. Employees may struggle with focus and motivation when exposed to an unhealthy environment. The constant negativity and lack of support can hinder their creativity to contribute to the company’s success. Consequently, job satisfaction declines while turnover rates increase, leading to challenges in attracting and retaining talent.
Don’t let the toxic workplace win over you. Know how to cope with stress to help you maintain a healthy mental well-being amidst a hostile work environment.
Setting boundaries and maintaining a healthy work-life balance are excellent ways to manage stress in a toxic workplace. So, consider establishing clear limits on work hours. This practice entails prioritizing self-care activities outside of work instead of thinking about your assignments for the next day.
Additionally, practice stress management techniques—such as deep breathing exercises, mindfulness, or engaging in physical activity—to alleviate stress. However, if it becomes overwhelming, don’t hesitate to seek support from a therapist or counselor. They can provide you with coping strategies to put your mind at ease.
Developing resilience is essential for navigating a toxic workplace. It encourages you to reframe negative experiences as opportunities for personal growth and learning. Consider enhancing your emotional intelligence and self-awareness to better understand and manage your feelings in challenging situations.
Moreover, identify and apply your strengths and values in your work to empower yourself as you find meaning and purpose in your job.
Dealing with toxic coworkers or supervisors requires effective communication strategies. So, practice active listening and empathy when engaging in challenging interactions. Being assertive can also help you in certain situations. Additionally, clearly express your boundaries and concerns while keeping a respectful stance, focusing on finding mutually beneficial solutions.
If conflicts persist, consider seeking mediation or involving HR to address the issues professionally and impartially.
Sometimes, leaving a toxic workplace may be the best option for your long-term well-being. When the toxicity of the environment begins to take a toll on your mental health, it becomes paramount to consider this course of action. It’s crucial to make the necessary preparations when deciding to leave such a toxic workplace.
First, assess the feasibility of pursuing alternative career paths. Consider factors such as financial stability and available job opportunities. Identify transferable skills you can apply to different industries or roles. Networking with professionals in fields of interest and exploring avenues for growth may also help you land a different job quickly.
More importantly, prioritize a healthy work environment when transitioning to a new workplace that aligns with your values and promotes a positive atmosphere.
Creating a positive work environment starts with individuals taking responsibility and actively contributing to a supportive workplace culture. Here are ways to make a positive workplace, whether you’re a manager or an employee.
The best way to create a positive workplace is to lead by example. Promoting a culture of empathy, kindness, and respect can develop a workplace that boosts employee morale. So, encourage open communication where colleagues can actively listen and provide constructive feedback. Small gestures of appreciation and recognizing employees’ efforts can go a long way in fostering a positive work atmosphere.
Furthermore, it is also essential to promote and participate in team engagement activities. These endeavors provide employees valuable opportunities to collaborate, interact, and build camaraderie beyond their everyday tasks, fostering a sense of community and belonging in the workplace.
Promoting diversity and inclusion can foster a work environment that values different perspectives and active participation. To achieve this, emphasize the importance of respectful communication and mutual support. Doing so can also eliminate misunderstandings that give way to conflicts.
Moreover, working towards shared goals allows employees to create a positive and inclusive work environment where creativity can thrive, contributing to the company’s betterment.
Take an active role in creating positive changes within your organization. For example, speak up against toxic behaviors and practices while offering constructive suggestions for improvement. More importantly, engage in conversation about employee well-being. Doing so allows you to find the root cause of the problem and effectively solve the issue.
Once you know what needs to be done, encourage policies and initiatives supporting a healthier work environment.
In a toxic workplace, prioritizing self-care and empowerment becomes paramount. Recognizing the signs of an unhealthy work environment allows you to address the issues effectively and ensure positive mental health. More than that, it lets you reclaim your well-being and navigate the challenges.
Remember, self-care and empowerment are not just luxuries. They are essential strategies for thriving in any work environment.
This blog was contributed directly to Workplace Fairness. It is published with permission.
About the Author: Jeffrey Cassells is a writer by profession and an artist at heart. He is currently a content strategist and consultant for Shegerian & Associates and aims to make employee rights information more accessible. When he’s not writing, Jeff can be found working on abstract pieces in his art room.
]]>My grandmother and aunt were murdered at Treblinka, one of the deadliest Nazi concentration camps. Six months before liberation, my grandfather died in Nordhausen.
My father, John, spent seven years between the ages of 11 and 17 in nine different concentration camps. Czech partisans rescued him and his brother, Harry, from a forced march, during which my father had become gravely ill.
After the war ended in 1945, my dad landed in Windermere outside of London and was taught to socialize and eat with a knife and fork. He learned to be a tailor. He met my mother.
They moved to the United States seeking a better life, and he started working and soon became a member of the Amalgamated Clothing Workers of America. He taught his kids that unions were a cornerstone of any democracy. And he spoke every chance he could get about surviving the Holocaust. “Never forget” what happened to us, he would say.
His children learned that lesson. We’ve lived our lives with those two words in our hearts, always. Never forget.
My grandmother and aunt were murdered at Treblinka, one of the deadliest Nazi concentration camps. Six months before liberation, my grandfather died in Nordhausen.
My father, John, spent seven years between the ages of 11 and 17 in nine different concentration camps. Czech partisans rescued him and his brother, Harry, from a forced march, during which my father had become gravely ill. After the war ended in 1945, my dad landed in Windermere outside of London and was taught to socialize and eat with a knife and fork. He learned to be a tailor. He met my mother.
They moved to the United States seeking a better life, and he started working and soon became a member of the Amalgamated Clothing Workers of America.
He taught his kids that unions were a cornerstone of any democracy. And he spoke every chance he could get about surviving the Holocaust. “Never forget” what happened to us, he would say.
His children learned that lesson. We’ve lived our lives with those two words in our hearts, always. Never forget.
The company is using that one tweet to, over and over again, falsely paint Workers United, whose forerunners — the International Ladies’ Garment Workers Union (ILGWU) and the Amalgamated Clothing and Textile Workers Union — were founded by Jewish immigrants who welcomed workers of every race, religion and ethnicity as unhinged supporters of terrorism.
Like the Starbucks workers who are building their union, the ILGWU was founded at the turn of the last century by mostly young workers. Many in the labor movement at the time thought that because they were mainly young women, they were un-organizable, as some today think of baristas and other food service workers.
Never mind the facts. Starbucks saw an opportunity to capitalize on the horrific and tragic events in the Middle East to further its unprecedented, illegal union busting campaign, trying to bully workers into abandoning their union name and logo via a cease and desist letter and federal lawsuit.
This is a segment of a blog that originally appeared in full at In These Times on October 20, 2023. Republished with permission.
About the Author: Lynne Fox is president of Workers United and president of the Philadelphia Jewish Labor Committee.
]]>A comprehensive certification course designed in partnership by Workplace Fairness & Elevated Coaching and Consulting to help businesses and leaders deepen their understanding of belonging, cultivate a psychologically safe workplace, and stay compliant with key employment laws and protections.
Whether your organization is just beginning its journey toward psychological safety or is ready to strengthen an established culture, The Elevated Workplace provides actionable strategies that deliver lasting impact.
Companies with inclusive business cultures and policies see a 59% increase in innovation and a 37% stronger alignment with consumer demand.
We know every organization learns differently. That’s why we offer two accessible ways to participate in The Elevated Workplace:
No matter which option you choose, you’ll gain life-long access to digital resources, templates, and tools that keep supporting your workplace long after the training ends. We provide special pricing for teams, departments, or organizations purchasing multiple licenses.
No. Each license is issued for individual use only. If your team needs access, we offer discounted pricing for group or multi-license purchases.
To earn your certificate, you must finish the course and successfully complete the quiz.
Because you gain immediate access to the full course materials, refunds are not available for self-paced training.
Yes! We provide special pricing for teams, departments, or organizations purchasing multiple licenses. This makes it easier to scale the training across your workforce.
Now in a new term, the U.S. Supreme Court has several important employment-related cases on its docket.
As addressed by Workplace Fairness, the Court recently issued major decisions that affected both religious accommodations for employees and affirmative action.
Upcoming cases will ask the Court to answer challenges relating to whistleblower protections, mandated job transfers and employment discrimination, and the ability to interpret vague laws from federal agencies.
The cases have the potential to greatly impact employment law and to overturn long-standing precedent.
Employment-related cases that the Court will hear include:
The Case:
The Court held oral arguments for Murray on October 10, shortly after Oct. 2 marked the start of the Court’s 2023 term. In this case, the Court will decide whether a whistleblower who, under the Sarbanes-Oxley Act, reports financial misconduct at a public company must prove their employer acted with “retaliatory intent.”
Proving retaliatory intent requires showing that the employer took adverse action against an employee because they wanted to punish a lawful action by the employee.
The Sarbanes-Oxley Act (SOX) is a federal law that holds companies accountable by requiring they maintain records and take other actions to prevent and respond to fraud. SOX contains a whistleblower protection program to insulate employees who report suspected securities violations from adverse employment action (18 USC §1514A).
The plaintiff, an employee of a securities business, contends he was illegally fired because he repeatedly reported fraud to a supervisor.
The Impact on Workers’ Rights:
The original trial court found for the employee, but an appellate court reversed because it claimed he had to prove the employer had retaliatory intent. The Supreme Court will now decide whether an employee must prove retaliatory intent by an employer to prevail under the SOX anti-retaliation provision.
If the Court sides with the employee, the current legal standard will be unchanged. If it sides with the employer, however, whistleblower protection for employees under the SEC will become more limited.
Imposing a burden on employees to prove retaliatory intent by employers would create a hurdle that employees would need to overcome to enjoy whistleblower protection. This is especially true in situations where an employer fires a whistleblower under the guise that it was for an unrelated reason.
Whistleblowers are often key in detecting fraud, but restricting their protections could discourage employees from coming forward. Visit Workplace Fairness’ page on whistleblowing and retaliation rights for more information.
The Case:
This case has the potential to alter what actions can be considered employment discrimination. Specifically, the Court is asked here to decide whether a mandatory job transfer can be discriminatory.
A female police sergeant who was deputized by the FBI accused her police department of retaliation and of gender discrimination under Title VII of the Civil Rights Act of 1964.
The employer had denied the sergeant’s requests to transfer locations for a specific role, instead requiring her to transfer to her requested location but for a different position. This caused her to lose certain job privileges, including the potential to earn $17,500 in overtime pay annually.
The Impact on Workers’ Rights:
The Supreme Court will decide whether Title VII prohibits employment discrimination in any adverse employment action or only where such action causes materially significant disadvantages for employees.
Examples of actions currently recognized as within the scope of Title VII include firing, hiring decisions, demotions, and reassignments. The outcome of this case will determine whether mandatory job transfers are also included.
If the court sides with the employee, workers can win discrimination claims if an employer requires them to change job locations due to a protected characteristic, such as race or gender. Otherwise, it will become more challenging for workers to prove certain actions qualify as employment discrimination.
Visit Workplace Fairness’ page on employment discrimination for more information.
The Case:
In Loper, a federal agency relies on the Chevron doctrine to assert that it can require New Jersey fishing companies to pay for a monitoring program.
More important than the facts, this case could result in the Court overruling or modifying the Chevron doctrine.
The Chevron doctrine, named after a 1984 Supreme Court case, directs courts to interpret ambiguous laws by deferring to the federal agencies who apply them. If a statute is unclear about an issue or does not explicitly address it, courts defer to agencies’ interpretations.
The Impact on Workers’ Rights:
Overruling the Chevron doctrine would have far-reaching effects, including in employment law. It would make agencies more susceptible to challenges in how they apply laws. For example, employers could assert that OSHA or the EEOC misapplied the law in finding workplace safety violations or employment discrimination.
If the Court modifies the doctrine instead of overruling it, the effects will be less extreme but still apparent. It could clarify the doctrine to not require deference to agencies when statutes are silent on controversial powers. This would also permit employers to question agency authority, but only in limited situations.
This blog was contributed directly to Workplace Fairness.
About the Author: Madeline Messa is the legal content coordinator for Workplace Fairness. She graduated from Penn State with a degree in journalism, and she is currently a 3L at Syracuse University College of Law.
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Workplace Fairness believes that fair treatment of workers is sound public policy and good business practice, and that free access to comprehensive, unbiased information about workers' rights - without legal jargon - is an essential ingredient in any fair workplace.
That's why Workplace Fairness creates and maintains the most comprehensive, online one-stop-shop for free information about workers' rights. We capture the power of technology to
This page pertains to immigration and employment. They provide information for both employers and employees about federal laws, work authorization, eligibility to work in the United States, discrimination concerns, and more. Noncitizen workers covered here include permanent immigrant workers, temporary nonimmigrant workers, student workers, and undocumented immigrants. More information, such as about hiring processes for nonimmigrant workers, is available on the Workplace Fairness website here. View the links and questions below to learn about U.S. employment laws and procedures for immigrants, as well as guidance for employers and employees.
These are some key points employers should know that are explained on this page:
These are some key points employees should know that are explained on this page:
Legal protections for immigrants in the United States are primarily federal. The main federal laws that protect immigrants are the Immigration and Nationality Act (INA) and the Civil Rights Act of 1964. The INA applies to immigrants generally but includes specific requirements for workers and employers. Title VII of the Civil Rights Act prohibits discrimination based on national origin. These laws are further explained below.
The Immigration and Nationality Act (INA) is the primary federal legislation that directs U.S. citizenship and immigration, including employment. The Immigration and Nationality Act (INA) is the primary federal law regulating immigration to and from the United States. It was enacted in 1952, though it has been amended many times since then. The INA is codified as Title 8 of the U.S. Code. The INA regulates entry to and removal from the U.S., dictates visa requirements and quotas, and more. The INA also encompasses immigrant workers, temporary nonimmigrant workers, and business workers. It authorizes employment-based visas, sets requirements for work authorization, and prohibits employers from discriminating based on national origin or citizenship status.
See workplacefairness.org for information on national origin discrimination.
The Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS), Department of Justice (DOJ), Customs and Border Protection (CBP), and the U.S. Department of Labor (DOL) are a few of the most relevant authorities.
Legal protections for immigrants in the United States are primarily federal. The main federal laws that protect immigrants are the Immigration and Nationality Act (INA) and the Civil Rights Act of 1964. The INA applies to immigrants generally but includes specific requirements for workers and employers. Title VII of the Civil Rights Act prohibits discrimination based on national origin. These laws are further explained below.
The Immigration and Nationality Act (INA) is the primary federal legislation that directs U.S. citizenship and immigration, including employment. The Immigration and Nationality Act (INA) is the primary federal law regulating immigration to and from the United States. It was enacted in 1952, though it has been amended many times since then. The INA is codified as Title 8 of the U.S. Code. The INA regulates entry to and removal from the U.S., dictates visa requirements and quotas, and more. The INA also encompasses immigrant workers, temporary nonimmigrant workers, and business workers. It authorizes employment-based visas, sets requirements for work authorization, and prohibits employers from discriminating based on national origin or citizenship status. See workplacefairness.org for information on national origin discrimination.
The Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS), Department of Justice (DOJ), Customs and Border Protection (CBP), and the U.S. Department of Labor (DOL) are a few of the most relevant authorities.
People traveling to the U.S. on a temporary visa for employment typically may be able to bring their spouse and children under 21-years-old. In this sense, a non-immigrant visa holder may bring certain family with them to the U.S. However, the family members would need to enter the U.S. under separate visas. What type of visa they should apply for depends on the type of visa the employee enters on. For example, family members may be limited to a B-1 visitor visa. Generally, the family members cannot work in the U.S., but children can attend school. A spouse may apply to work in the U.S., however, if they are a dependent spouse of an H-1B nonimmigrant and meet other criteria.
Noncitizen workers may be hesitant to report an employer’s health and safety violations in fear of retaliation. OSHA offers two routes that allow workers to remain in the U.S. to effectuate their right to a safe workplace:
Deferred Action. The Department of Homeland Security may approve a noncitizen for deferred action, delaying removal proceedings against them for up to 2 years. Workers should contact OSHA for a statement of interest, which improves the chances of approval by DHS. For example, removal proceedings may be deferred so the worker can aid an investigation of an alleged labor violation.
U Visas and T Visas. These visas provide legal status to workers who meet certain criteria, including to assist OSHA or another enforcement agency in taking legal action against their employer. U Visas are reserved for workers who were abused because of their employer’s criminal activity or who have information about it. T visas are available to workers who were victims of human trafficking or who have information about their employer engaging in labor trafficking.
For examples and more information, see this fact sheet shared by the National Council for Occupational Safety and Health (COSH).
Migrant children are owed the same legal labor protections as citizen children. However, migrant children are often targeted and more likely to be exploited. Visit our page on labor trafficking to learn more information.
Yes. Generally, all foreigners who travel to the U.S. for work must apply for and obtain a visa. Employers cannot legally hire an employee who is not authorized to work in the U.S. There are multiple types of visas, including several types of visas designated for employment purposes. There are, however, rare cases where foreigners may travel to the U.S. without a visa if they meet certain criteria.
See the U.S. Department of State website for more information.
Labor certification is used to allow U.S. employers to hire a foreign worker before they have relocated to the U.S. or applied for an immigrant visa. These employers are referred to as a “sponsor” of the foreign employee. See the U.S. Department of Labor website for more information.
Employers are required to verify that their employees are authorized to work in the U.S. Examples of documents an employee may have that can verify eligibility include a Green Card, certain visas, and / or an Employment Authorization Document (EAD). An employer may need to obtain labor certification on their employee’s behalf. Both employers and employees both must file an I-9 Form for employment eligibility verification.
An Employment Authorization Document (EAD) proves that a foreigner may legally work in the U.S. for a set time period. To apply for an EAD, prospective employees must file a Form I-765. An EAD is required for any prospective foreign worker who needs to apply for permission to work, such as students with an F-1 or M-1 visa. Green Card holders and certain visa holders do not need an EAD.
A Green Card is a Permanent Resident Card. Immigrants to the U.S. may apply for and receive a Green Card, which allows them to permanently live and work in the U.S.
Applying for a Green Card can be a complicated and lengthy process. Applicants can approach it in multiple ways. All applicants must fit within an eligibility category, as explained below. The USCIS imposes different requirements on different applicants, so it is best to consult with a lawyer for help in applying for a Green Card. The USCIS shares more information about the Green Card application process.
Green Card applicants must fit into an eligibility category. See the U.S. Citizenship and Immigration website for more information.
To hire Green Card holders, employers must verify that the prospective employee is authorized to work in the U.S. More information about the verification process is available here.
Students who wish to study and work in the US will generally need a student visa. There are two nonimmigrant visa categories for persons wishing to study in the United States. These visas are commonly known as the F and M visas. See the US Immigration Services website for more information on these visas.
“Undocumented worker” refers to foreigners who traveled to the U.S. – including legitimately – who do not legally have permission to work in the United States. This could be for a variety of reasons. For example, their work authorization may have expired.
Yes. The Immigration Reform and Control Act (IRCA) added section 274A to the INA to include penalties for illegal employment. Not only can employers fire or refuse to hire a person who they learn is unauthorized to work in the U.S., they are legally required to. (274A(1)). Employers must verify that any employee they hire is authorized to work; This may require filing an I-9 form. Civil and criminal penalties may be leveraged against employers who violate this federal law.
Yes. Even though employers cannot legally hire or retain employees who are not authorized to work, the anti-discrimination provision of the INA still offers some protections to undocumented workers. Employers are prohibited from discriminating against an employee based on their immigration status – including because they are undocumented. In this sense, the INA prohibits employers from paying undocumented workers less than their co-workers even though it simultaneously requires such employers to fire undocumented workers.
The following are responses from Wayne Outten, who co-founded Workplace Fairness in 1993.
Outten is Chair and Founding Partner of Outten & Golden LLP, an employment law firm with offices in New York City, San Francisco, and Washington, D.C. He continues to support Workplace Fairness (WF), a non-profit for workers’ rights, as its president and by regularly sponsoring events.
Decades after its founding, Workplace Fairness continues to champion workers’ rights by advocating and empowering individuals with information.
In March 1985, I was a founder of the National Employment Lawyers Association (along with several other employee-side attorneys); our leader was Paul Tobias (of Cincinnati) who became a very close friend.
NELA was and is a bar association of and for lawyers who represent employees. It now has several thousand members and is a very substantial and powerful bar association.
After the early years of building and institutionalizing NELA as a bar association, Paul and I began discussing the creation of a not-for-profit organization focused on educating employees about their rights.
Our perception was that most employees had little knowledge about their rights and had little opportunity to learn about their rights — due to a paucity of information available to them that was written for laymen (rather than lawyers). And our view was that such information not only would be useful to employees but also would help empower them to enforce their rights.
Thus, we started the National Employee Rights Institute in 1993 as a California not-for-profit corporation with the mission to educate employees about their rights and to advocate for the expansion and enforcement of those rights. NERI got a $10k seed-money grant from NELA (both Paul and I were still on the NELA Board then); The initial board consisted entirely of NELA lawyers.
About 2000, NERI changed its name to Workplace Fairness.
Originally, NERI pursued its mission by publishing pamphlets, articles, and books on employee rights. This includes a very substantial book on the rights of federal employees (which is still in print), as well as co-sponsoring / co-publishing the first and only law journal focused on employment law from the employee perspective (which is still being published, although no longer by WF).
Of course, writing, printing, and distributing hard copies of publications was slow, expensive, and inefficient; but we did the best we could with our limited resources.
About 2000, we realized that we could achieve our mission far better by creating, building, and sustaining a website devoted to providing free, comprehensive, up-to-date, jargon-free information to employees about their rights through the internet. That is what WF continues to do today.
My interests have evolved from trying to enforce and expand employee rights through my own efforts representing individuals one-by-one to a more impactful approach. I came to realize that leveraging is important – finding ways to expand and enhance the impact you are having.
We did that in Workplace Fairness by switching to an internet-based method of distributing information more readily to more people, thereby multiplying our impact. Through involvement in NELA (and NELA/NY), I and others were able to help other lawyers be better advocates for workplace rights and to be better lawyers representing their clients.
In addition, we were able to build institutions that have much more impact on public policy and legal developments than we could have individually – institutions that will outlast us as individuals.
Further, I was fortunate to have the opportunity to found and build an excellent employee-side law firm (Outten & Golden) that has the talent, resources, and infrastructure to have a major impact on the development and expansion of employee rights through enforcement of the rights of employees through advocacy, negotiation, and litigation, as well as through its collective influence on public policy and development of the law.
That firm will have an impact long after I am no longer on the field as a practicing lawyer.
I continue to sponsor WF because it is having a positive impact on the lives of people.
WF is making a difference in people’s lives by providing the most comprehensive, up-to-date source of easily understood information for employees. No one else is doing that job.
And WF is doing all that with relatively modest resources; those who support WF’s work are getting “a lot of bang for the buck.”
About the Author: This blog is Wayne Golden’s responses to questions asked by Workplace Fairness’ legal content coordinator, Madeline Messa.
To support Workplace Fairness and its efforts to inform and empower workers, consider making a donation or becoming a sponsor.
]]>
Dawnya Ferdinandsen worked odd jobs for years to make ends meet. She drove cars as a valet, worked in building maintenance and took restaurant gigs.
That changed in 2006: With the referral of a family friend, Ferdinandsen landed a job as a technician at an auto plant producing wheel bearings in Sandusky, Ohio. Working closely with engineers for long hours on the floor, she found the job physically intense but intellectually satisfying.
Most importantly, the job offered membership in the United Auto Workers union.
“I always wanted to be affiliated with a union somewhere, and that was my opportunity to get in,” Ferdinandsen says.
With the union contract came pensions, solid wages and healthcare for retirees, benefits Ferdinandsen viewed as a necessary exchange for laboring in a rough industry. “You come out with messed up backs, legs, feet, everything else,” she says. “You need medical, and they know that.”
In 2007, those promises were shattered. Delphi, a parts company that employed thousands of UAW members — including Ferdinandsen — had filed for bankruptcy two years prior. The agreement it reached with the UAW in 2007 made sweeping cuts to wages and pensions.
Ferdinandsen’s pension disappeared.
“We got played,” she says.
That same year, as the Big Three U.S. automakers — Ford, GM and Chrysler — argued that union benefits made competition with foreign manufacturers impossible, the UAW agreed to slash healthcare contributions and establish a second tier of work, along with lower wages and no pensions for new hires.
The yearslong crisis in the auto sector culminated during the 2009 recession with the dramatic bankruptcies and federal bailouts of GM and Chrysler. In bailout talks, the UAW agreed to deals that deepened cuts to retiree healthcare plans, eliminated job security provisions, did away with annual cost-of-living adjustments and relinquished the right to strike until 2015.
The UAW and the Big Three are once again in contentious contract negotiations. As autoworkers began a rolling strike in mid-September, the bailout of 2009 came back into focus as a symbol of workers’ previous sacrifices for the companies.
“I want to see them return what they promised to the workers that saved the company,” striking worker Bonita Burns told In These Times reporter Amie Stager on a Plymouth, Minn., picket line outside a Stellantis (formerly Chrysler) plant on September 22.
The 2009 givebacks have also become shorthand for the concessions the union made just before the crash, says labor historian and journalist Jeff Schuhrke.
Even President Joe Biden, who joined a picket line in Belleville, Mich., on September 26, opened a speech to striking workers by calling out the recession-era bailouts, which occurred when he was vice president. “The UAW, you saved the automobile industry back in 2008,” Biden said. “The companies were in trouble, but now they’re doing incredibly well, and guess what. You should be doing incredibly well too.”
For former Delphi workers like Michael Gale, the cuts began with the lost pay and reduced pensions from the 2007 bankruptcy deal. Those losses carried over for him and others who became GM workers when GM reabsorbed their plants during the 2009 bailout. On the pretext of saving jobs, the recession-era concessions traded away the wages, pensions and healthcare benefits that had characterized UAW contracts since the 1930s and ’40s.
For generations, workers had joined the auto sector for the assurance of a place in the middle class and a comfortable retirement. Within just a few years, that guarantee disappeared.
Many UAW members considered it a betrayal by union leadership.
This is a segment of an article that originally appeared in full at In These Times on Oct. 12, 2023. Republished with permission.
About the Author: Alice Herman is a journalist covering politics and labor in the Midwest. She is a contributing reporter at the Guardian US and a former investigative reporting fellow with In These Times.
]]>As managers and business owners, it’s important that you never forget the incredible efforts that your teams put in day after day. While many of your workers are likely happy with their work and they’re glad to get a paycheck, sometimes, they may need a little more appreciation to realize that they’re truly valued.
Building bonds is essential in every industry because it helps to create a more cohesive team and can eliminate the chance of burnout, and we’ll explore a bit more about that today.
Starting a new job can be fun at first, but over time, it’s easy to feel like a thankless cog in a machine that may or may not be making a difference for the company. Working on repetitive and unrewarded work can eventually lead to burnout. Employees who are burned out will typically continue to work. However, their quality could dip, and many may start calling out of work more often, which could put your company in a jam.
Work burnout is one of the main contributors to a lack of energy and motivation. The symptoms of burnout include exhaustion, fatigue, depression, and pessimism about work. If employees don’t feel the way they’re treated is commensurate with the expectations they face, it can cause burnout. If they’re working from home and are isolated, this can further exacerbate the issue.
Burnout and exhaustion on the job can really be an issue for high-pressure professions like finance and accounting. In finance, where the employees are responsible for ensuring that the company is in good standing, they often have a huge workload. Many need to work long hours to keep on top of the to-do pile. Many tasks can be repetitive, especially over an extended workday. This goes for plenty of other positions as well, like nurses and legal aids, so management needs to be part of the solution.
Companies can do a lot to mitigate the chances of employee burnout. In addition to ensuring that your team takes their breaks and lunches, works a set schedule, and has a suitable work-life balance, management can also show appreciation, and that can be done in many ways.
You could start showing an application for your team by awarding an employee of the month and have a public ceremony where that worker can feel truly appreciated. It’s good to publicly praise employees during meetings and over company-wide emails because the recipients will love the praise of their teams, and the other employees will see that recognition and want to work hard to get it themselves.
However, that’s just the tip of the iceberg, as you could try many other creative employee appreciation ideas at the office. For instance, you could tell the world about the great job of an employee by posting their work on your company’s social media feed. Tag them, add a picture, and explain how special they are. You could also create a “Wall of Fame” at the office with photos of employees who have gone above and beyond for customers and clients.
Another fun idea is to send out thank you cards to employees who have done a great job or send out cards company-wide to thank everyone for what they do every day. Personalize the cards by writing them out to each employee and thanking them for a specific task so they know you value their individual contribution. You can show further support and appreciation for your team by sending out birthday and holiday cards so they feel like they’re part of a working family.
While showing appreciation with cards, plaques, and public announcements will undoubtedly build stronger bonds in your workplace, there are other ways that you can show your team that you care about their contributions and well-being.
For instance, your company could offer mental health days for employees going through a tough time on the job or in their personal life. They can request them in advance or call in that day if they don’t think they can work to the best of their ability. Offering these days will show your employees that you care about them as people, and they’ll appreciate that you do.
When asked about this subject, many experts will say that sometimes, all that managers need to do to show appreciation is to communicate with the team and keep them in the loop. This is especially important when you have a remote team that isn’t physically in the office. Provide many avenues of communication, from phone calls to chat to video calls, so employees know that they’re not alone. You can also show appreciation by ensuring that remote employees have all the equipment they need and strong internet to work without interruption.
A company that sets its staff up for success and shows appreciation for their work will have happy and satisfied employees who may stick with you for years and bring their best to work every day.
This blog was contributed directly to Workplace Fairness. Published with permission.
About the Author: Katie Brenneman is a passionate writer specializing in lifestyle, mental health, and education When she isn’t writing, you can find her with her nose buried in a book or hiking with her dog, Charlie. To connect with Katie, you can follow her on Twitter.
]]>Hard as it may be to believe, the 2024 presidential election is now little more than a year away.
Despite four criminal indictments, Donald Trump’s defiance of political gravity shows no signs of abating, even as he has defended the January 6 insurrection and vowed to lock up his political opponents.
Given Trump’s penchant for authoritarianism and the threat his followers pose to our political system — especially in light of Democrats’ failure to pass desperately needed democratic reforms—President Biden’s temptation in the next year will likely be to deploy the same emotive, content-light “battle for the soul of the nation” argument that he used in 2022, ahead of the midterms.
After all, there’s precedent for Democrats: Party strategists employed a similar framing tactic in 2016, when Hillary Clinton turned the election into a referendum on whether America is “better than Donald Trump” and claimed punningly that “love trumps hate.”
It is worth reminding voters of all the ways that Trumpism imperils our freedoms. If he becomes the Republican presidential nominee, Trump threatens to impose frightening changes like the revocation of birthright citizenship and instituting Schedule F, which would purge the federal bureaucracy of 50,000 career civil servants and replace them with far-right extremists and allies. He also promises to reverse progress on mitigating climate change while centralizing power and punishing his political enemies.
But if President Biden and the Democrats want to defeat Trump and his MAGA movement, along with highlighting the dangers of a vindictive demagogue winning in 2024, they will need to run on a positive platform which would improve the material lives of working people. Central to that program should be taking on the fight to eliminate student and medical debt.
We learned in 2016 that voting negatively, to defend against a bogeyman, is rarely as motivating as voting positively, for a concrete cause.
A 2019 report found that “there is no evidence supporting common wisdom about negative campaigning representing an effective strategy for maximizing votes.” And there is considerable evidence that negative, personality-based attacks poison the political waters, motivating Democratic and Republican partisans to become more entrenched in their allegiances to corporate-dominated parties and candidacies, even as independent voters and the politically disenchanted sour further on the electoral system.
It may be justified, in the abstract, to wring our hands over the slow erosion of democratic norms and governmental structures. But framing our contemporary crisis in those terms — as if partisanship and “extremism” are the culprits, rather than an obscenely inegalitarian economy and a political system captured by hyper capitalists—obfuscates the problem.
As Bernie Sanders articulated in his presidential campaigns, the root of our political crisis lies in the fact that the majority of Americans who care about having good jobs, healthcare, and education in a just society do not feel represented by our current politics.
This is a segment of a blog that originally appeared in full at In These Times on Oct. 9, 2023. Republished with permission.
About the Author: Scott Remer received a master’s degree in political thought and intellectual history at the University of Cambridge, with a specialization in the political philosophy of the Frankfurt School. He graduated Yale University summa cum laude in Ethics, Politics, and Economics and wrote his thesis on Occupy Wall Street and the history of American social movements. He blogs at soulofsocialism.wordpress.com.
]]>For more information about filing a discrimination or harassment claim in Delaware, see our page on filing a discrimination complaint: Delaware
Discrimination/Harassment – State Agency
Delaware Department of Labor
Office of Labor Law Enforcement (OLLE)
Wilmington Office
4425 North Market Street
3rd Floor
Wilmington, DE 19802
Phone: (302) 761-8200
Milford Office
13 S.W. Front Street
Suite 101
Milford, DE 19963
Phone: (302) 422-1134
Web Address: http://www.delawareworks.com/industrialaffairs/services/LaborLawEnforcement.shtml
Agency Information/Mission: The Office of Labor Law Enforcement serves to ensure fair and equitable treatment in the workplace by enforcing 25 state and federal labor laws, including wage payment, minimum wage, child labor, prevailing wages for state-funded construction projects, and discrimination laws.
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Philadelphia District Office
21 South 5th Street
4th Floor
Philadelphia, PA 19106
Phone: (215) 440-2600
TTY: (215) 440-2610
For more information about this agency, see the EEOC section of our page on federal agencies
Occupational Safety & Health Administration (OSHA)
Wilmington Area Office
Mellon Bank Building
919 Market Street
Suite 900
Wilmington, Delaware 19801-3319
Phone: (302) 573-6518
Fax: (302) 573-6532
For more information about this agency, see the OSHA section of our page on federal agencies
Delaware Department of Labor
Division of Unemployment Insurance
| New Castle County: Wilmington Office 4425 North Market Street Wilmington, DE 19802 Phone: (302) 761-8446 UI Information Hotline: (302) 761-6576 | Kent County: Dover Office Blue Hen Corporate Center 655 S. Bay Road, Suite 6A Dover, DE 19901 Phone: (302) 739-5461 UI Information Hotline: (800) 794-3032 |
| Newark Office Pencader Corporate Center 225 Corporate Blvd., Suite 108 Newark, DE 19702 Phone: (302) 368-6600 UI Information Hotline: (302) 761-6576 | Sussex County: Georgetown Office 600 N. Dupont Highway, Suite 205 Georgetown, DE 19947 Phone: (302) 856-5611 UI Information Hotline: (800) 794-3032 |
Web Address: http://ui.delawareworks.com/
Wage and Hour/Labor Standards – State Agency
Delaware Department of Labor
Office of Labor Law Enforcement (OLLE)
Wilmington Office
4425 North Market Street
3rd Floor
Wilmington, DE 19802
Phone: (302) 761-8200
Milford Office
13 S.W. Front Street
Suite 101
Milford, DE 19963
Phone: (302) 422-1134
Web Address: http://dia.delawareworks.com/labor-law/
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Philadelphia District Office
US Dept. of Labor
Wage & Hour Division
1617 John F Kennedy Blvd
Suite 1780
Philadelphia, PA 19103
Phone: (215) 597-4950
1-866-4-USWAGE (1-866-487-9243)
Jim Cain: District Director
Pittsburgh District OfficeUS Dept. of Labor
Wage & Hour Division
Federal Building
1000 Liberty Ave.
Suite 1416
Pittsburgh, PA 15222
Phone: (412) 395-4996
1-866-4-USWAGE (1-866-487-9243)
John DuMont: District Director
Wilkes Barre District Office
US Dept. of Labor
Wage & Hour Division
7 North Wilkes Barre Blvd.
Stegmaier Bldg. Suite 373
Wilkes Barre, PA 18702-5284
Phone: (570) 826-6316
1-866-4-USWAGE (1-866-487-9243)
Alfonso J. Gristina: District Director
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies
Delaware Department of Labor, Division of Industrial Affairs
Office of Workers’ Compensation
Wilmington Office
Mailing Address: P.O. Box 9954
Wilmington, DE 19809-9954
Street Address: 4425 North Market Street, 3rd Floor
Wilmington, DE 19802
Phone: (302) 761-8200
Fax: (302) 761-6601
Milford Office
24 N.W. Front Street, Suite 100
Milford, DE 19963
Phone: (302) 422-1392
Fax: (302) 488-1137
Web Address: http://dia.delawareworks.com/workers-comp/
Agency Description/Mission: The Office of Workers’ Compensation enforces state laws, rules and regulations regarding industrial accidents and illnesses.
On August 2, the National Labor Relations Board (NLRB), now controlled by Democratic appointees, issued a game-changing decision known as Stericycle.
The ruling enables unions to effectively challenge company rules that intimidate or chill workers from engaging in protests, picketing, demonstrations, and other legitimate union activities.
Marvin Kaplan, the one dissenting Republican board member, bitterly complained that the new standard returns the board to “a bygone era… when the Board rarely saw a rule it did not find unlawful.”
Stericycle, a Pennsylvania medical waste disposal company whose employees are represented by Teamsters Local 628, maintained handbook policies governing personal conduct, conflicts of interest, and confidentiality. The Board said the rules were illegal because they could reasonably deter workers from taking part in activities protected by Section 7 of the National Labor Relations Act.
Stericycle overturned the Labor Board’s 2017 Boeing decision, which allowed employers to maintain work rules even if they discouraged workers from taking part in union activities such as rallies, picketing, distributing handouts, wearing strongly worded buttons, or vigorously arguing with supervisors.
According to Stericycle, if a reasonably apprehensive worker could read a rule as banning or limiting union activity, the rule is illegal and must be withdrawn or rewritten to clarify that it does not apply to union activities.
Discipline pursuant to an overbroad rule is illegal. An overbroad rule may not be maintained even if it has a “legitimate” purpose and even if it has never been enforced against union activity. An employee may not be disciplined for insubordination for ignoring instructions to obey an unlawful rule.
The new standard compels an employer to take “narrowing” measures regarding overbroad rules, such as issuing clear assurances that the rule does not apply to lawful union activities.
Until that happens the rule is illegal and the employer cannot enforce it with warnings, suspensions, or discharges.
It may seem hard to believe but, in the absence of a narrowing clarification (for instance, an express notice that the rule does not apply to protected union activity, or a list of examples of wrongdoing that make clear that only serious misconduct is prohibited), the Board is likely to find the following rules unlawful—even if the rule has been on the books for years:
Stericycle does not make all rules of conduct illegal. For example, consider a rule banning assaults on supervisors.
The rule is lawful because no employee could reasonably conclude that it prevents him or her from taking part in a union activity. A rule banning weapons on the premises would also be lawful.
ULP charges should assert that overbroad rules violate Section 8(a)(1) and, if appropriate, 8(a)(3) (when discipline has been imposed).
The charge might state: “The employer is interfering with, restraining, and coercing employees by maintaining or enforcing rules that restrict employees from taking part in concerted activities protected by Section 7 of the Act.”
A particularly effective time to file ULP charges is when the union is negotiating a new contract.
As part of its bargaining demands the union can insist that illegal rules be rescinded or rewritten. This could allow the union to claim that any subsequent walkout in support of its demands is an unfair labor practice strike with protections against permanent replacement of strikers.
Almost every U.S. workplace is currently in violation of Stericycle, often to a pervasive extent.
A union that wants to clean things up should review all company rules and policies. Requests for information should be submitted until the union is satisfied that no rules have been missed.
Each rule should be carefully analyzed under Stericycle. If one or more rules violate the law, the union could take it up with management, either one at a time, or all at once. Or it could file unfair labor practice (ULP) charges at the NLRB or, if it represents public employees, with the applicable state labor board.
This is a segment of a blog that originally appeared in full at Labor Notes on October 5, 2023.
About the Author: Robert Schwartz is a labor attorney. He is also the the author of Just Cause: A Union Guide to Winning Discipline Cases and The FMLA Handbook, among other books.
Visit Workplace Fairness to learn more about workers’ rights.
]]>For more information about filing a discrimination or harassment claim in Wyoming, see our page on filing a discrimination complaint: Wyoming
Discrimination/Harassment – State Agency
Wyoming Department of Workforce Services
Labor Standards Office
Cheyenne Office
1510 E. Pershing Blvd., Ste. 2015
Cheyenne, WY 82002
Phone: (307) 777-7261
Fax: (307) 777-5633
Casper Office
851 Werner Ct., Suite 292
Casper, WY 82601-1308
Phone: (307) 472-3974
Web Address: http://www.wyomingworkforce.org/workers/labor/
Agency Description/Mission: The Wyoming Department of Employment, Labor Standards office, enforces all labor laws enacted for the protection of Wyoming workers. The agency’s purpose is to process, investigate, mediate, and render decisions on complaints of employment discrimination and claims for wages.
Wyoming Department of Workforce Services
Worker’s Safety and Compensation Division
Cheyenne Business Center
1510 East Pershing Boulevard – West Wing
Cheyenne, WY 82002
Phone: (307) 777-7786
Fax: (307) 777-3646
E-Mail: Osha@State.Wy.Us
Additional Office Locations: http://www.wyomingworkforce.org/contact/osha/
Web Address: http://www.wyomingworkforce.org/workers/osha/
Agency Description/Mission: The purpose of this organization is to assure that every working person within this state shall have safe and healthful working conditions free from recognized hazards and to preserve our state’s human resources: that the prevention of accidents and occupational diseases and abiding by rules and regulations are the responsibility of both the employer and the employee; and to help and assist employers and employees in accident and occupational disease prevention through educational means, which shall be made available to all industries, businesses, employees, employee groups and associations.
Workplace Safety Complaints
Wyoming Department of Employment
Unemployment Insurance Division
100 W. Midwest
P.O. Box 2760
Casper, WY 82602
Phone: (307) 235-3253
Web Address: http://www.wyomingworkforce.org/workers/ui/
Preparing to file for Unemployment
Claimant Guidebook
File Online
Wage and Hour/Labor Standards – State Agency
Wyoming Department of Workforce Development
Labor Standards Office
Cheyenne Office
1510 E. Pershing Blvd., West Wing
Cheyenne, WY 82002
Phone: (307) 777-7261
Fax: (307) 777-5633
Casper Field Office
851 Werner Ct., Ste 292
Casper, WY 82601-1308
Phone: (307) 472-3974
Web Address: http://www.wyomingworkforce.org/workers/labor/
Wage & Hour Information
Frequently Asked Questions About Wyoming Labor Law
Handy Reference Guide
File a Claim for Wages
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Salt Lake City District Office
10 East South Temple, Suite 1680
Salt Lake City, UT 84133
Phone: (801) 524-5706
Fax: (801) 524-5722
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies
Wyoming Department of Employment
Workers’ Safety & Compensation Division
1510 E. Pershing Blvd.
Cheyenne, WY 82002
Phone: (307) 777-7441
Fax: (307) 777-6552
Web Address: http://www.wyomingworkforc,pe.org/workers/workerscomp/
For more information about filing a discrimination or harassment claim in Wisconsin, see our page on filing a discrimination complaint: Wisconsin
Discrimination/Harassment – State Agency
Wisconsin Equal Rights Division (WERD)
Madison Office
1 South Pinckney Street, Room 320
P.O. Box 8928
Madison, WI 53708-8928
Phone: (608) 266-6860
TDD: (608) 264-8752
Fax: (608) 267-4592
Milwaukee Office
819 North Sixth St., Room 255
Milwaukee, WI 53203
Phone: (414) 227-4384
TDD: (414) 227-4081
Fax: (414) 227-4084
Web Address: https://dwd.wisconsin.gov/er/
Agency Description/Mission: WERD’s mission is to protect the rights of all people in Wisconsin under the civil rights and labor standards laws we administer; to achieve compliance through education, outreach, and enforcement by empowered and committed employees; and to perform our responsibilities with reasonableness, efficiency, and fairness.
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Milwaukee District Office
310 West Wisconsin Avenue
Suite 800
Milwaukee, WI 53203-2292
Phone: (414) 297-1111
TTY: (414) 297-1115
For more information about this agency, see the EEOC section of our page on federal agencies
Occupational Safety & Health Administration (OSHA)
Appleton Area Office | Madison Area Office |
Eau Claire Area Office | Milwaukee Area Office |
For more information about this agency, see the OSHA section of our page on federal agencies
Wisconsin Department of Workforce Development
Unemployment Insurance Division
Madison
Phone: (608) 232-0678 (claims filing)
Phone: (608) 232-0824 (questions/assistance)
Milwaukee
Phone: (414) 438-7700 (claims filing)
Phone: (414) 438-7713 (questions/assistance)
Toll-Free: (800) 822-5246 (claims filing)
Toll-Free: (800) 494-4944 (questions/assistance)
TTY (toll free): (888) 393-8914
E-Mail: ui@dwd.state.wi.us
Web Address: https://dwd.wisconsin.gov/
Wage and Hour/Labor Standards – State Agency
Wisconsin Department of Workforce Development
Labor Standards Bureau
Madison Office
201 East Washington Avenue Room A300
P.O. Box 8928
Madison, WI 53708-8928
Phone: (608) 266-6860
TTY: (608) 264-8752
Fax: (608) 267-4592
Milwaukee Office
819 North Sixth Street, Room 255
Milwaukee, WI 53203
Phone: (414) 227-4384
TTY: (414) 227-4081
Fax: (414) 227-4084
Web Address: https://dwd.wisconsin.gov/er/labor_standards_bureau/
How to File a Labor Standards Complaint
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Madison District Office
740 Regent Street, Suite 102
Madison, WI 53715-1233
Phone: (608) 264-5221
Fax: (608) 264-5224
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies
Department of Workforce Development
Workers’ Compensation Division
201 East Washington Avenue, Room C-100
P. O. Box 7901
Madison, WI 53707
Phone: (608) 266-1340
Fax: (608) 267-0394
Web Address: https://dwd.wisconsin.gov/wc/
For more information about filing a discrimination or harassment claim in West Virginia, see our page on filing a discrimination complaint: West Virginia
Discrimination/Harassment – State Agency
West Virginia Human Rights Commission
Charleston – Main Office
1321 Plaza East, Suite 108A
Charleston, WV 25301
Phone: (304) 558-2616
Toll-Free: (888) 676-5546
Fax: (304) 558-0085
Buckhannon – Branch Office
Rt. 3, Box 376A
PO Box 460
Buckhannon, WV 26201
Phone: (304) 473-4282
Fax: (304) 473-4207
Huntington – Branch Office
801 Madison Avenue, Suite 233
Huntington, WV 25704
Phone: (304) 528-5823 or
(304) 528-5798
Fax: (304) 528-5813
Web Address: http://www.wvf.state.wv.us/wvhrc/
Agency Description/Mission: The West Virginia Human Rights Commission receives its legal authority from the West Virginia Human Rights Act and the West Virginia Fair Housing Act. The WVHRC investigates and litigates acts of illegal discrimination in the areas of: Employment, Housing and places of Public Accommodations. The WVHRC investigates complaints of discrimination in employment through authority granted under the West Virginia Human Rights Act, as amended, involving race, sex, age (40 years old and up), disability, religion, color, ancestry, national origin, and blindness.
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Philadelphia District Office
21 South 5th Street
4th Floor
Philadelphia, PA 19106
Phone: (215) 440-2600
TTY: (215) 440-2610
For more information about this agency, see the EEOC section of our page on federal agencies
Occupational Safety & Health Administration (OSHA)
Charleston Area Office
405 Capitol Street
Suite 407
Charleston, WV 25301-1727
Phone: (304) 347-5937
Fax: (304) 347-5275
For more information about this agency, see the OSHA section of our page on federal agencies
West Virginia Bureau of Employment Programs
Unemployment Compensation Division
1321 Plaza East
Charleston, WV 25330
Phone: (304) 558-2624
Fax: (304) 558-5037
Web Address: http://www.wvcommerce.org/business/workforcewv/unemployment_compensation/default.aspx
Unemployment Compensation – Frequently Asked Questions
Unemployment Compensation for West Virginians (handbook for claimants)
Wage and Hour/Labor Standards – State Agency
West Virginia Division of Labor
Wage and Hour Section
State Capitol Complex
Building 6, Room B-749
Charleston, WV 25305
Phone: (304) 558-7890
Toll-Free: (877) 558-5134
Fax: (304) 558-3797
Web address: http://www.wvlabor.com/newwebsite/Pages/index.html
Request for Assistance Questionnaire (wage claim form)
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
Eastern Panhandle:
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Baltimore District Office
Room 207 Appraisers Stores Building
103 South Gay Street
Baltimore, MD 21202-4061
Phone: (410) 962-2240
Fax: (410) 962-9512
Remainder of State:
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Charleston Area Office
500 Quarrier Street, Suite 120
Charleston, WV 25301-2130
Phone: (304) 347-5206
Fax: (304) 347-5467
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies
West Virginia Bureau of Employment Programs
Workers’ Compensation Division
4700 MacCorkle Avenue, SE
Charleston, WV 25304
Phone: (304) 926-5048
Toll-Free: (800) 628-4265
Web Address: http://www.wvinsurance.gov/Default.aspx?tabid=73
For more information about filing a discrimination or harassment claim in Washington, see our page on filing a discrimination complaint: Washington
Discrimination/Harassment – State Agency
Washington State Human Rights Commission (WSHRC)
Olympia Headquarters Office | Spokane District Office Areas Served: Eastern Washington, including Spokane, Whitman, Okanogan, Lincoln, Ferry, and Stevens Counties |
Seattle District Office Areas Served: Central and North Puget Sound, including King, Snohomish, Skagit, San Juan, Island, and Whatcom Counties | Yakima District Office Areas Served: Central Washington, including Yakima, Kittitas, Chelan, Benton, Walla Walla, and Klickitat Counties |
Web Address: http://www.hum.wa.gov/
Agency Description/Mission: The mission of the Washington State Human Rights Commission is to eliminate and prevent discrimination through the fair application of the law, the efficient use of resources, and the establishment of productive partnerships in the community. The Washington State Human Rights Commission (Commission) enforces the Law Against Discrimination. The Commission works to prevent and eliminate discrimination by investigating human rights complaints and providing education and training opportunities throughout the state. Under the law, everyone has the right to be free from discrimination.
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Seattle District Office
Federal Office Building
909 First Avenue, Suite 400
Seattle, WA 98104-1061
Phone: (206) 220-6883
TTY: (206) 220-6882
For more information about this agency, see the EEOC section of our page on federal agencies
Washington Department of Labor and Industries
WISHA Services Division
P.O. Box 44600
Olympia, WA 98504-4001
Phone: (360) 902-5433
Toll-Free: (800) 4BE-SAFE (800-423-7233)
Fax: (360) 902-5529
Web Address: http://www.lni.wa.gov/Safety/default.asp
Agency Description/Information: The Washington Industrial Safety and Health Act (WISHA) took effect in 1973. In 1976 it became the nation’s first fully operational state safety and health plan approved by the federal government. WISHA gives the Department of Labor and Industries a primary responsibility for worker health and safety in Washington.
Washington Employment Security Department
King County TeleCenter
P.O. Box 47076
Seattle, WA 98146-7076
Phone: (206) 766-6000 (English) (206) 766-6063 (Spanish)
Toll-Free: (800) 362-4636 (English) (800) 360-2271 (Spanish)
TDD: (800) 365-8969
Fax: (206) 766-6178
Toll-Free Fax: (877) 766-6178
Spokane TeleCenter
P.O. Box 14857
Spokane, WA 99214-0857
Phone: (509) 893-7000 (English) (509) 893-7063 (Spanish)
Toll-Free: (800) 362-4636 (English) (800) 360-2271 (Spanish)
TDD: (800) 365-8969
Fax: (509) 893-7077
Toll-Free Fax: (877) 893-7077
Web Address: http://www.esd.wa.gov/
Agency Description/Mission: Unemployment Insurance is designed and intended to provide partial wage replacement for workers who are unemployed through no fault of their own. In the State of Washington, Unemployment Insurance is administered by the Employment Security Department.
Frequently asked questions about unemployment benefits
Wage and Hour/Labor Standards – State Agency
Washington Department of Labor and Industries
Specialty Compliance Services Division, Employment Standards Section
Street Address (for use with FedEx, UPS, etc. only): 7273 Linderson Way SW
Tumwater, WA 98501
Mailing Address: PO Box 44400 or Mail Stop 4400
Olympia, WA 98504-4400
Phone: (360) 902-5316
Fax: (360) 902-5300
Web Address: http://www.lni.wa.gov/WorkplaceRights/default.asp
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
Wahkiakum and Klickitat Counties:
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Portland District Office
1515 S.W. Fifth Ave.
Suite 1040
Portland, OR 97201-5445
Phone: (503) 326-3057
Fax: (503) 326-5951
Remainder of State and Alaska:
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Seattle Office
1111 Third Avenue, Suite 755
Seattle, WA 98101-3212
Phone: (206) 553-4482
Fax: (206) 553-2883
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies
Washington Department of Labor and Industries
Industrial Insurance Services Division
Street Address: 7273 Linderson Way, SW
Tumwater, WA 98501-5414
Mailing Address: P. O. Box 44200
Olympia, WA 98504-4100
Phone: (360) 902-4213
Toll-Free Automated Claims Information: (800) 831-5227
Toll-Free Assistance Line: (800) LISTENS (1-800-547-8367)
TDD: (360) 902-5797
Fax: (360) 902-5035
Web Address: http://www.lni.wa.gov/claimsins/claims/
For more information about filing a discrimination or harassment claim in Virginia, see our page on filing a discrimination complaint: Virginia
Discrimination/Harassment – State Agency
Virginia Division of Human Rights
Office of the Attorney General of Virginia
202 North Ninth Street
Richmond, VA 23219
Phone: (804) 225-2292
Fax: (804) 225-3294
Email: human_rights@oag.state.va.us
Web Address: www.oag.state.va.us/programs-initiatives/human-rights
Agency Description/Mission: It is the policy of the Commonwealth of Virginia: To safeguard all individuals within the Commonwealth from unlawful discrimination because of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status or disability, in places of public accommodation, including educational institutions and in real estate transactions; in employment; to preserve the public safety, health and general welfare; and to further the interests, rights and privileges of individuals within the Commonwealth; and to protect citizens of the Commonwealth against unfounded charges of unlawful discrimination. Complaints of possible violations of the Act may be filed with the Virginia Council on Human Rights.
For more information, see our page on filing a discrimination complaint: Virginia
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Norfolk Area Office
Federal Building, Suite 739
200 Granby Street
Norfolk, VA 23510
Phone: (757) 441-3470
TTY: (757) 441-3578
Richmond Area Office
400 N. Eight Street
Suite 350
Richmond, VA 23219
Phone: 800-669-4000
Fax: 804-771-2224
TTY: 800-669-6820
ASL Video Phone: 844-234-5122
For more information about this agency, see the EEOC section of our page on federal agencies
Virginia Department of Labor and Industry
Occupational Safety and Health Compliance Program
Richmond headquarters
Main Street Centre
600 East Main Street, Suite 207
Richmond, Virginia 23219
Phone: (804) 371-2327
Fax: (804) 371-6524
| Central Region North Run Business Park 1570 East Parham Road Richmond, Virginia 23228 Phone: (804) 371-3104 Fax: (804) 371-3166 | Northern Virginia Region 10515 Battleview Parkway Manassas, Virginia 20109 Phone: (703) 392-0900 Fax: (703) 392-0308 TDD: (703) 392-0165 | |
| Tidewater Region Interstate Corporate Center, Building 6 6363 Center Drive, Suite 101 Norfolk, Virginia 23502 Phone: (757) 455-0891 Fax: (757) 455-0899 | Southwest Region Brammer Village 3013 Peters Creek Road Roanoke, Virginia 24019 Phone: (540) 562-3580 Fax: (540) 562-3587 TDD: (540) 562-3585 | |
| Abingdon Field Office The Johnson Center 468 East Main Street, Suite 114 Abingdon, Virginia 24210 Phone: (276) 676-5465 Fax: (276) 676-5461 | Lynchburg Field Office 3704 Old Forest Road, Suite B Lynchburg, Virginia 24501 Phone: (434) 385-0806 Fax: (434) 385-0848 | |
| Verona Field Office 201 Lee Highway Verona, Virginia 24482 Verona, Virginia 24482 Phone: (540) 248-9280 Fax: (540) 248-9284 Verona Mailing Address: Department of Labor & Industry,Valley Region P.O. Box 77 | ||
E-Mail:
Occupational Safety Compliance Director – jennifer.rose@doli.virginia.gov
For questions regarding Occupational Safety compliance in your workplace.
Occupational Health Compliance Director – ron.graham@doli.virginia.gov
For questions concerning occupational health standards applicable to manufacturing and industrial establishments or construction and demolition operations.
Web Address: http://www.doli.virginia.gov/vosh_enforcement/vosh_enforcement_intro.html
Agency Description/Mission: The Virginia Occupational Safety and Health Compliance Program conducts inspections of private and public sector employers to assure compliance with the laws, standards and regulations of the Commonwealth. The Compliance Program issues citations listing violations of the standards and regulations to employers, determines dates by which violations must be abated, and proposes civil monetary penalties for certain types of violations.
Virginia Employment Commission
Richmond Central Office
3719 Saunders Ave
Richmond, VA, 23227-4355
Phone: 804-663-5400
Fax: 804-254-4159
Find a locl office: http://www.vec.virginia.gov/find-a-job/vec-local-offices
Web Address: http://www.vec.virginia.gov/unemployed
Wage and Hour/Labor Standards – State Agency
Virginia Department of Labor and Industry
Richmond headquarters
Main Street Centre
600 East Main Street, Suite 207
Richmond, Virginia 23219.
Phone: (804) 371-2327
Fax: (804) 371-6524
Central Region | Northern Virginia Region 10515 Battleview Parkway Manassas, Virginia 20109 Phone: (703) 392-0900 Fax: (703) 392-0308 | |
| Tidewater Region Interstate Corporate Center, Building 6 6363 Center Drive, Suite 101 Norfolk, Virginia 23502 Phone: (757) 455-0891 Fax: (757) 455-0899 | Southwest Region Brammer Village 3013 Peters Creek Road Roanoke, Virginia 24019 Phone: (540) 562-3580 Fax: (540) 562-3587 | |
| Abingdon Field Office The Johnson Center 468 East Main Street, Suite 114 Abingdon, Virginia 24210 Phone: (276) 676-5465 Fax: (276) 676-5461 | Lynchburg Field Office 3704 Old Forest Road, Suite B Lynchburg, Virginia 24501 Phone: (434) 385-0806 Fax: (434) 385-0848 | |
Verona Field Office | ||
E-Mail: laborlaw@doli.state.va.us
Web Address: http://www.doli.virginia.gov/index.html
Agency Description/Mission: The Virginia Labor and Employment Law program works with employers to ensure Virginians’ right to work, their right to receive pay that is due, and other important rights including minimum wage and a day of rest. The Labor and Employment Law Division investigates complaints alleging violations of the labor laws listed below, conducts informal conferences with employers to settle disputes, prepares final orders for unpaid wages and assesses civil money penalties against employers to gain compliance, assists in civil or criminal court actions against employers to gain compliance, and administers the work permit program for 14 and 15 year-old minors employed in the Commonwealth.
Frequently Asked Questions: Labor & Employment Law
Filing a Claim for Unpaid Wages
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
Northern Virginia:
ESA Wage & Hour Division
Baltimore District Office
2 Hopkins Plaza
Room 601
Baltimore, MD 21201
Phone: (410) 962-6211
Southwestern Virginia:
ESA Wage & Hour Division
Charleston Area Office
500 Quarrier Street
Suite 120
Charleston, WV 25301-2130
Phone: (304) 347-5206
Fax: (304) 347-5467
Remainder of State:
ESA Wage & Hour Division
Richmond District Office
400 N. 8th St. Room 416
Richmond, VA 23219
Phone: (804) 771-2995
Fax: (804) 771-8127
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies
Virginia Workers’ Compensation Commission
1000 DMV Drive
Richmond, VA 23220
Phone: (804) 367-8600
Toll-Free: (877) 664-2566
E-Mail: Questions@workcomp.virginia.gov
Web Address: http://www.vwc.state.va.us
Claims Services Quick Reference Guide
Injured Workers’ Guide
Claims for Benefits FAQ’s
Claim for Benefits Form
For more information about filing a discrimination or harassment claim in Vermont, see our page on filing a discrimination complaint: Vermont
Discrimination/Harassment – State Agency
Attorney General’s Office
Civil Rights Division
109 State Street
Montpelier, VT 05609-1001
Intake Phone: (802) 828-3657
Toll-Free: (888) 745-9195
TTY: (802) 828-3665
Fax: (802) 828-3187
E-Mail: civilrights@atg.state.vt.us
Web Address: http://www.atg.state.vt.us/display.php?smod=167
Agency Description/Mission: The Civil Rights Unit is responsible for enforcing state laws which prohibit discrimination in employment. These include laws which prohibit discrimination based on race, color, religion, ancestry, national origin, sex, sexual orientation, place of birth, age, handicap, HIV status, or for asserting a claim to worker’s compensation, and laws which prohibit retaliation against any person who makes a claim of discrimination. The Civil Rights Unit also enforces the laws related to employment-related drug testing, and polygraph (lie detector) testing, and the state laws which relate to parental and family leave.
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Boston Area Office
John F. Kennedy Federal Building
Government Center
4th Floor, Room 475
Boston, MA 02203
Phone: 1-800-669-4000
Fax:617-565-3196
TTY:1-800-669-6820
For more information about this agency, see the EEOC section of our page on federal agencies
Vermont Department of Labor and Industry
Division of Occupational Safety & Health
National Life Building, Drawer 20
National Life Drive
Montpelier, VT 05602-3401
Phone: (802) 828-2765
Fax: (802) 828-2195
E-Mail: voshainfo@labind.state.vt.us
Web Address: http://labor.vermont.gov/vosha/
Agency Description/Mission: For nearly 30 years, Vermont’s Occupational Safety and Health Administration (VOSHA) has labored diligently to protect the health and safety of working Vermonters. Operating in concert with business and industry, VOSHA has greatly reduced the number of work-related injuries and fatalities occurring in Vermont.
Vermont Department of Employment and Training
Unemployment Compensation Division
Phone:
To Establish an Initial Claim (877) 214-3330
To Inquire about a Claim: (877) 214-3332
To File Weekly Claims: (800) 983-2300
Web Address: http://labor.vermont.gov/unemployment-insurance/
Vermont Department of Labor
5 Green Mtn. Drive
PO Box 488
Montpelier, VT 05601-0488
Phone: 802-828-2157
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Manchester District Office
1750 Elm Street, Suite 111
Manchester, NH 03104-2907
Phone: (603) 666-7716
Fax: (603) 666-7600
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies.
Vermont Department of Labor and Industry
Workers’ Compensation Division
National Life Building, Drawer 20
Montpelier, VT 05620-3401
Phone: (802) 828-2286
Toll-Free: (800) 734-2286
Fax: (802) 828-2195
E-Mail: wcomp@labind.state.vt.us
Web Address: http://labor.vermont.gov/workers-compensation/
Agency Description/Mission: The Workers’ Compensation system was established by the Vermont Legislature in 1915 to compensate and protect employees who suffer personal injury by accident arising out of and in the course of employment and to protect employers by limiting their exposure from lawsuits arising out of such injuries. It is a “no-fault” insurance program that provides medical and disability benefits for work-related injuries and illnesses. It covers both traumatic injuries caused by sudden accidents and gradual onset injuries resulting from repetitive motion or stress. The system offers five basic categories of benefits: medical, temporary disability, permanency, vocational rehabilitation and death benefits.
For more information about filing a discrimination or harassment claim in Utah, see our page on filing a discrimination complaint: Utah
Discrimination/Harassment – State Agency
Labor Commission of Utah
Antidiscrimination and Labor Division
Street Address: 160 East 300 South, 3rd Floor
Salt Lake City, UT 84111
Mailing Address: P.O. Box 146630
Salt Lake City, UT 84114-6630
Phone: (801) 530-6801
Toll Free: (800) 222-1238
TDD: (801) 530-7685
Fax: (801) 530-7609
Web Address: https://laborcommission.utah.gov/divisions/AntidiscriminationAndLabor/
Agency Description/Mission: The Antidiscrimination and Labor Division’s Employment Discrimination focus is to administer and enforce the Utah Antidiscrimination Act of 1965. The Act prohibits employment discrimination on the basis of race, color, national origin, gender, religion, age, and disability. Utah’s law also prohibits employment discrimination on the basis of pregnancy, childbirth, or pregnancy related conditions. Additionally, based on a work share and contract agreement with the United States Equal Employment Opportunity Commission, the UALD is empowered to act as an agent of the EEOC and has authority to enforce Title VII of the 1964 Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act.
What is Employment Discrimination?
The Utterly Adaptable Etiquette Guide
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Phoenix District Office
3300 N. Central Avenue
Suite 690
Phoenix, AZ 85012-1848
Phone: (602) 640-5000
TTY: (602) 640-5072
For more information about this agency, see the EEOC section of our page on federal agencies.
Labor Commission of Utah
Utah Occupational Safety & Health Division
160 East 300 South, 3rd Floor
PO Box 146650
Salt Lake City, UT 84114-6650
Phone (emergency line): (801) 530-6901
Toll-Free (non-emergency): (800) 530-5090
Fax: (801) 530-7606 or (801) 530-7906
Web Address: https://laborcommission.utah.gov/divisions/UOSH/
Agency Description/Mission: UOSH’s commitment to workers is to reduce workplace injuries, illnesses and deaths. UOSH believes the best way to accomplish this goal is through strong, effective safety and health programs that effectively involve employees. One of the most important rights workers have is the right to file a complaint with UOSH about hazardous working conditions. We encourage all workers to inform their supervisor or employer about hazards. Often, corrective action will be taken promptly. If the hazard remains, workers can contact their union or notify UOSH.
Utah Department of Workforce Services
Unemployment Compensation
P.O. Box 45244
140 East 300 South
Salt Lake City, UT 84145-0244
Phone: Salt Lake and South Davis Counties: 526-4400
Weber and North Davis Counties: 612-0877
Utah County: 375-4067
Remainder of State and Out of State: (888) 848-0688
Web Address:https://jobs.utah.gov/ui/ContinuedClaims/UIAccountHome.aspx
Agency Description/Mission: Utah’s Unemployment Insurance Services are administered by the Department of Workforce Services. Unemployment insurance pays a weekly benefit to eligible unemployed workers. Benefits are funded by quarterly contributions paid by employers.
Wage and Hour/Labor Standards – State Agency
Labor Commission of Utah
Antidiscrimination and Labor Division, Employment Standards Bureau
Street Address: 160 East 300 South, 3rd Floor
Salt Lake City, UT 84111
Mailing Address: P.O. Box 146630
Salt Lake City, UT, 84114-6630
Phone: (801) 530-6801
Toll-Free: (800) 222-1238
TDD: (801) 530-7685
Wage Claims
PO Box 146610
Salt Lake City, Utah 84114-6610
Phone: (801) 530-6801
Fax: (801) 530-6282
Email: wcu@utah.gov
Web Address: https://laborcommission.utah.gov/divisions/AntidiscriminationAndLabor/wage_claim_unit.html
Agency Description/Mission: The Division’s Employment Standards focus is to administer and enforce certain state labor laws. These laws include the payment of wages; The Utah Minimum Wage Act; the licensing of private employment agencies; and all state laws which govern the employment of minors. Employment Standards processes, investigates, mediates, adjudicates, and files judgments with respect to claims concerning the laws listed above. It also acts as a resource to employees and employers by answering over 40,000 inquiries per year, conducting educational seminars, and dispensing written literature.
Frequently Asked Questions about Wages
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Salt Lake City District Office
10 East South Temple, Suite 1680
Salt Lake City, UT 84133
Phone: (801) 524-5706
Fax: (801) 524-5722
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies.
Labor Commission of Utah
Division of Industrial Accidents
160 East 300 South, 3rd Floor
P. O. Box 146610
Salt Lake City, UT 84114-6610
Phone: (801) 530-6800
Toll-Free: (800) 530-5090
Fax: (801) 530-6804
TDD: (801) 530-7685
Web Address: https://laborcommission.utah.gov/divisions/IndustrialAccidents/WCClaimsProcess.html
Agency Description/Mission: The Division of Industrial Accidents monitors and assists in the prompt payment of compensation to injured workers and their return to the work force.
For more information about filing a discrimination or harassment claim in Texas, see our page on filing a discrimination complaint: Texas
Discrimination/Harassment State Agency
Texas Workforce Commission Civil Rights Division
1117 Trinity St, Room 144T
Austin, TX 78778
Phone: (512) 463-2642
Toll-free within Texas: (888) 452-4778
Texas Relay: (800) 735-2989
TTY: (512) 371-7473
Fax: (512) 463-2643
Web Address: http://www.twc.state.tx.us/partners/civil-rights-discrimination
Agency Description/Mission: The Civil Rights Division’s primary goal is to make Texas an even greater place to live, work, play and raise our families by reducing discrimination in employment and housing through education and outreach programs and the enforcement of the Texas Commission on Human Rights Act and Texas Fair Housing Act.
Discrimination/HarassmentLocal Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Dallas District Office | El Paso Area Office |
Houston District Office | San Antonio District Office |
For more information about this agency, see the EEOC section of our page on federal agencies.
Occupational Safety & Health Administration (OSHA)
Austin Area Office | Fort Worth Area Office |
Corpus Christi Area Office | Houston North Area Office |
Dallas Area Office | Houston South Area Office |
El Paso District Office | Lubbock Area Office |
For more information about this agency, see the OSHA section of our page on federal agencies.
Texas Workforce Commission
101 E. 15th Street
Austin, TX 78778-0001
Phone: TeleCenter Offices are listed at http://www.twc.state.tx.us/directory-workforce-solutions-offices-services-0
TDD: (800) 735-2989
Relay Texas: (800) 735-2988
E-Mail: UI_Info@twc.state.tx.us
Web Address: http://www.twc.state.tx.us/jobseekers/unemployment-benefits
Wage and Hour/Labor Standards – State Agency
Texas Workforce Commission
Labor Law Section
101 East 15th Street, Room 124T
Austin, Texas 78778-0001
Phone: 800-832-9243
Fax: (512) 475-3025
Web Address: http://www.twc.state.tx.us
Agency Description/Mission: The Labor Law Department of the Texas Workforce Commission administers the following two programs: the Texas Payday Law, and the Texas Child Labor Law. The Department also disseminates information on the Texas Minimum Wage Act.
Summary of the Texas Payday Law
Wage and Hour/Labor Standards Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Dallas District Office | San Antonio District Office |
Houston District Office | Albuquerque District Office |
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies
Texas Workers’ Compensation Commission
Southfield Building, MS-4C
4000 South IH-35
Austin, TX 78704-7491
Phone: (512) 804-4000
Toll-Free (Injured Worker Hotline): (800) 252-7031
Fax: (512) 804-4431
Web Address: https://www.tdi.texas.gov/wc/
Agency Description/Mission: The mission of the Texas Workers’ Compensation Commission is to: encourage and assist in the provision of safe workplaces; implement an effective and efficient regulatory framework in which employees affected by work-related injuries and illnesses receive timely and appropriate benefits; and assist in timely returning injured workers to productive roles in the Texas workforce.
Workers’ Compensation Resources for Employees/Injured Employees
Injured Employee Rights and Responsibilities
s?
Employers may not include on any application for employment any question that seeks the disclosure of an applicant’s conviction history.
Employers cannot deny an applicant position solely because of conviction history. In the event the employer denies the applicant, there needs to be an assessment which considers:
It is a FEHA (California Fair Employment and Housing Act) violation for an employer with 5 or more employees to ask about an applicant’s conviction history.
Does this rule apply to private or public employers?
This law applies to both public and private employers.
What are the rules?
Employers may not require an applicant to disclose any information that is contained in a sealed record.This does not necessarily mean that the employer is prohibited from asking about an employee’s conviction history, they are only prohibited from asking if the record has been sealed. If the record has been sealed, the employee may answer questions about arrests or convictions as though they had not occurred.
Employers are further prohibited from inquiring about arrest for civil or military disobedience unless it resulted in a conviction.
Does this law affect private or public employees?
This law affects all employers in the state of Connecticut.
What are the rules?
No employer may inquire about an applicant’s prior arrests, criminal charges, or convictions on an initial employment application, unless (1) the employer is required to do so by law, or (2) a security or fidelity bond or equivalent bond is required for the position. Employers may not disclose information about a job applicant’s criminal history except to members of the personnel department or, if there is no personnel department, person(s) in charge of hiring or conducting the interview.
Employees not be asked to disclose information about a criminal record that has been erased; may answer any question as though arrest or conviction never took place. May not be discriminated against in hiring or continued employment on the basis of an erased criminal record. If conviction of a crime has been used as a basis to reject an applicant, the rejection must be in writing and specifically state the evidence presented and the reason for rejection.
Does this law apply to public or private employers?
This law applies to public employers only. Private employers may still inquire about an employee’s criminal history.
What are the rules?
Employers may not inquire into or consider the criminal record, criminal history, or credit score of an applicant for employment during the initial application process, up to and including the first interview.
A public employer can disqualify an applicant based on criminal history where the disqualification is related to the position and consistent with business necessity. The employer should consider:
Employees and applicants may not be disqualified from practicing or pursuing any occupation or profession that requires a license, permit, or certificate because of a prior conviction, unless it was for a felony or first degree misdemeanor and is directly related to the specific line of work.
Does this rule apply to private or public employers?
The executive order from the Governor of Georgia extends the law only to public employers acting under the executive branch in the state of Georgia.
What are the rules?
An employer may not use a prior criminal history as an automatic disqualifier for job applicants. Employers are also prevented from using an application form that discriminates against qualified job applicants. This practice provides qualified applicants with the opportunity to discuss the relevance of a criminal record with a prospective employer. Currently, the policy is only in effect for government entities, with no update to private employment practices.
Does this law apply to public or private employers?
This law applies to all employers in the state of Hawaii.
What are the rules?
Employers are prohibited from refusing to hire, to discharge, or to discriminate in terms of compensation, conditions, or privileges of employment because of a person’s arrest or court record.
An employer may inquire into a conviction only after making a conditional offer of employment, provided it has a rational relation to the job. Employers may not examine any convictions over 10 years old.
Employees with expunged records may state that no record exists and may respond to questions as a person with no record would respond.
Agency guidelines for preemployment inquiries: Hawaii Civil Rights Commission, “Guideline for Pre-Employment Inquiries”.
Does the law affect public or private employers?
Idaho currently does not have any law regulating whether employers can ask applicants about their criminal history. Idaho does encourage employers to give a fair opportunity to applicants even though they may have a police record.
For more information, please see the Idaho Division of Human Resources Handbook
Does this law affect public or private employers?
This law affects all employers with 15 or more employees in the state of Illinois.
What are the rules?
Employers that are covered by the law may not ask about criminal records of an applicant until the applicant is deemed otherwise qualified for the position and has been selected for an interview, or until a conditionaloffer of employment is made to the applicant.
Does this law affect public or private employers?
The executive order affects all public employers in the executive branch.
What are the rules?
During the initial stage of an application, executive branch departments may not ask applicants whether they have a criminal record. A criminal record does not automatically disqualify an applicant from interview eligibility. The order, however, does not apply when a criminal history would render an applicant ineligible for a position.
For more information, see the agency guidelines for pre-employment inquiries:
Kansas Human Rights Commission, “Guidelines on Equal Employment Practices: Preventing Discrimination in Hiring”.
Does this law apply to private or public sector employees?
This law applies to only state employers.
What are the rules?
No state employers can inquire about an applicant’s criminal history until after the employee has been given an opportunity to interview, or until after a conditional offer of employment has been given.
In making a final determination, the state employer may consider:
Does this law apply to private or public employers?
Maine currently has no law regulating the use of an applicant’s criminal history during the application process. The only relevant law regards the effect of a criminal history on eligibility for an occupational license, registration, or permit granted by the state.
What are the rules?
In determining eligibility for the granting of any occupational license, registration, or permit issued by the state, the state may take into consideration the criminal history record of the applicant. The existence of such information does not, however, act as an automatic bar to a license. Only convictions that directly relate to the profession or occupation, that include dishonesty or false statements, that are subject to imprisonment for more than 1 year, or that involve sexual misconduct on the part of a licensee may be considered.
Agency guidelines for preemployment inquiries: The Maine Human Rights Commission, “Pre-employment Inquiry Guide”, suggests that asking about arrests is an improper race-based question, but that it is okay to ask about a conviction if related to the job.
Does this law apply to public or private employers?
This law applies only to public employers. Private employers are not prohibited from inquiring into an applicant’s criminal history.
What are the rules?
State employers may not inquire into the criminal history of an applicant until the applicant has been provided an opportunity for an interview. The statute does not apply to:
Agency guidelines for pre–employment inquiries: The Office of Equal Opportunity and Program Equity, “Guidelines for Preemployment Inquiries Technical Assistance Guide”.
Does this law apply to private or public employers?
This law applies to all employers in the state of Massachusetts.
What are the rules?
Employers are prohibited from asking, either written or orally, about criminal records that have been sealed or expunged.
If a job application has a question about prior arrests or convictions, it must include a formulated statement (that appears in the statute) that states that an applicant with a sealed record is entitled to answer, “No record.”
Agency guidelines for preemployment inquiries: Massachusetts Commission Against Discrimination, “Discrimination on the Basis of Criminal Record”.
Does this law apply to private or public employers?
This law applies to all employers, employment agencies, or labor organizations, other than a law enforcement agency of the state of Michigan.
What are the rules?
Employers are prohibited from asking about an arrest, detention or disposition where a conviction did not result. A person is not guilty if they fail to disclose information they have civil right to withhold.
Agency guidelines for preemployment inquiries: Michigan Civil Rights Commission, “Preemployment Inquiry Guide”.
Does this law apply to private or public employers?
This law applies to both private and public employers.
What are the rules?
Public and private employers may not inquire into the criminal record or criminal history of an applicant until the applicant has been selected for an interview, or until a conditional offer of employment has been made.
What about for licenses?
No one can be disqualified from pursuing or practicing an occupation that requires a license, unless the crime directly relates to the occupation. Agency may consider the nature and seriousness of the crime and its relation to the applicant’s fitness for the occupation. Even if the crime does relate to the occupation, a person who provides evidence of rehabilitation and present fitness cannot be disqualified.
Agency guidelines for preemployment inquiries: Minnesota Department of Human Rights, “Hiring, Job Interviews and the Minnesota Human Rights Act”.
Does this law apply to private or public employers?
This law applies only to public employers.
What are the rules?
State agencies are prohibited from asking questions related to an applicant’s criminal history during the initial application stage.
Does this law apply to private or public employers?
This law applies only to public employers. Private employers are not prohibited from inquiring into the criminal history of an applicant.
What are the rules?
Public employers are prohibited from asking applicants about their criminal record during the initial state of an application, or until the public employer has determined the applicant meets the minimum employment qualifications.
Does this law apply to private or public employers?
This law applies only to public employers in the state of Nevada. Private employers are not prohibitedfrom inquiring into the criminal history of an applicant.
What are the rules?
Criminal history of an applicant can only be considered after: (1) the final interview is conducted in person; (2) the applicant has been offered a conditional offer of employment; or (3) the applicant has been certified by the administrator.
Agency guidelines for preemployment inquiries: Nevada Equal Rights Commission, “Preemployment Inquiry Guide”.
Does this law apply to private or public employers?
This law applies to both private and public employers.
What are the rules?
In any application for employment, or license, a person may be questioned about a previous criminal record only in terms such as “Have you ever been arrested for or convicted of a crime that has not been annulled by a court?”
Furthermore, it is unlawful discrimination for an employer to ask about an arrest record, to have a job requirement that applicant have no arrest record, or to use information about arrest record to make a hiring decision, unless it is a business necessity. It is unlawful discrimination to ask about arrest record if it has the purpose or effect of discouraging applicants of a particular racial or national origin group.
Does this law apply to private or public employers?
This law applies to all employers with 15 or more employees.
What are the rules?
Employers with 15 or more employees are prohibited from inquiring about an applicant’s criminal record, including an expunged criminal record during the initial employment application process.
Special situations: There are specific rules for casino employees, longshoremen and related occupations, horse racing, and other gaming industry jobs.
Does this law apply to private or public employers?
This law applies only to public employers. Private employers are not prohibited from inquiring about an applicant’s criminal history.
What are the rules?
Records of arrest not followed by a valid conviction and misdemeanor convictions not involving moral turpitude may not be used in connection with an application for any public employment, license, or other authority.
A regulating agency may consider convictions for felonies and for misdemeanors involving moral turpitude. However, such convictions cannot be an automatic bar to authority to practice in the regulated field.
Does this law apply to private or public employers?
This law applies to employers with 10 or more employees.
What are the rules?
An employer may not inquire into arrests or charges that did not result in conviction, unless the charges are currently pending. Additionally, employers may not deny employment based on conviction unless it relates directly to the job or would be an “unreasonable” risk to property or to public or individual safety.
Agency guidelines for pre-employment inquiries: New York State Division of Human Rights, “Recommendations on Employment Inquiries”.
New York City’s local law prohibits most employers from asking an applicant about his or her arrest history or criminal record until a conditional offer of employment has been made. This means that employers cannot inquire about the criminal history of an applicant during the interview process. If a conditional offer of employment has been made, the employer may inquire into the applicant’s arrest history or criminal record.
If the employer denies an applicant based on the applicant’s arrest history, the employer must provide a written copy of the inquiry to the applicant.
Does this law apply to private or public employers?
This law applies only to public employers. Private employers are not prohibited from inquiring into the criminal history of applicants.
What are the rules?
Employers may obtain records of convictions or of criminal charges (adults only) occurring in the past three years, provided the information has not been purged or sealed.
Agency guidelines for preemployment inquiries: North Dakota Department of Labor, Human Rights Division, “Employment Applications and Interviews”.
Does this law apply to private or public employers?
This law applies only to public employers. Private employers are not prohibited from asking about criminal history.
What are the rules?
Public employers ae prohibited from including on any form for application for employment any question concerning the criminal background of the applicant. For records that have been sealed, applicant may respond to inquiries as though the arrest did not occur.
Does this law apply to private or public employers?
This law applies to public employers. Private employers are not prohibited from inquiring into the criminal history of an applicant.
What are the rules?
All state agencies are prohibited from asking job applicants questions regarding convictions and criminal history, unless a felony conviction would automatically render an applicant not qualified.
The law in Oklahoma does not prevent employers from inquiring of felony convictions during the interview process, and does not prevent employers from conducting background checks into prospective employees.
Does this law apply to private or public employers?
This law applies to both private and public employers.
What are the rules?
No employer (public or private) may require an applicant to disclose information about a criminal conviction prior to an initial interview or before a conditional offer of employment has been made.
The Pennsylvania Office of Administration passed a Fair-Chance Hiring Policy in May, 2017. The HRP Number is HR-TM001. Link: http://www.oa.pa.gov/Policies/hr/Documents/TM001.pdf
Does this rule apply to public or private employers?
This rule applies only to public employers. Private employers are not prohibited from inquiring into the criminal history of an applicant.
What are the rules?
This policy mandates that state agencies shall remove the criminal history question from the commonwealth’s employment application. The policy does not apply to positions in which a criminal conviction makes an applicant ineligible under law, or to positions involving security of people or property, or law enforcement.
Agency guidelines for pre–employment inquiries: Pennsylvania Human Relations Commission.
Does this law apply to private or public employers?
This law applies to all employers in the state of Rhode Island.
What are the rules?
Employers are prohibited from inquiring whether an applicant has ever been convicted before the first interview. Additionally, employers are prohibited from inquiring whether the applicant has ever been arrested or charged with any crime. Applicants do not have to disclose any information that has been expunged.
Agency guidelines for preemployment inquiries: South Dakota Division of Human Rights, “Preemployment Inquiry Guide” suggests that an employer shouldn’t ask or check into arrests or convictions if they are not substantially related to the job.
Does this law apply to private or public employers?
This law applies to all employers in the state of Texas.
What are the rules?
For a job expected to pay less than $75,000 they, generally, may not obtain a criminal record older than seven years.
Does this law apply to private or public employers?
This law applies to private and public employers within the city of Austin with 15 or more employees.
What are the rules?
The ordinance mandates that any employer with 15 or more employees may not inquire about an applicant’s criminal history on an application, or until a conditional offer of employment has been made.
Does this law apply to private or public employers?
This law applies only to public employers in Tennessee.
What are the rules?
State employers are prohibited from inquiring about an applicant’s criminal history on an initial application form for employment. An employer may inquire about an applicant’s criminal history after the initial screening of applications.
Does this law apply to private or public employers?
This law applies only to public employers.
What are the rules?
A public employer may not exclude an applicant from an initial interview because of a past criminal conviction. This can happen if a public employer:
Does this law apply to private or public employers?
This law applies to all employers in the state of Vermont.
What are the rules?
Employers are prohibited from asking about criminal record information on an initial employee application form. An employer may inquire about a prospective employee’s criminal history record during an interview or once the prospective employee has been deemed otherwise qualified for the position.
Does this law apply to private or public employers?
This law applies only to executive branch government agencies
What are the rules?
Employment decisions made by executive branch government agencies shall not be based on an applicant’s criminal history. All executive government agencies are prohibited from asking an applicant about their criminal history on the initial application.
Furthermore, employers may not require an employee or applicant to disclose information about any criminal charge that has been expunged,
Does this law apply to public or private employers?
This law applies to all employers in the state of Washington.
What are the rules?
The bill prohibits all employers from including any question on any application for employment, inquiring either orally or in writing, about an applicant’s criminal record until after the employer initially determines that the applicant is otherwise qualified for the position.
Agency guidelines for preemployment inquiries: Washington Human Rights Commission’s “Pre-employment Inquiries Guide”
Agency guidelines for preemployment inquiries: Bureau of Employment Programs, “Preemployment Inquiries Technical Assistance Guide”. The state’s website says that employers can only make inquiries about convictions directly related to the job. Consider the nature and recentness of the conviction and evidence of rehabilitation. Include a disclaimer that a conviction is not necessarily a bar to employment.
Does this law apply to private or public employers?
This law applies to only public employers.
What are the rules?
For someone applying for a position in the civil service, the director may not require an applicant to supply information regarding the conviction record of the applicant, before the applicant has been certified for the position. This law does not prohibit the director from notifying the applicant that a particular conviction record may disqualify them from employment.
For more information about filing a discrimination or harassment claim in Tennessee, see our page on filing a discrimination complaint: Tennessee
Discrimination/Harassment – State Agency
Tennessee Human Rights Commission (THRC)
General Information Statewide
Phone: (800) 251-3589
Nashville Office:
312 Rosa L. Parks Ave.
23rd Floor
Nashville, TN 37243
Phone: (615) 741-5825
Fax/3rd Floor: (615) 253-1886
Fax/4th Floor: (615) 532-2197
Toll-Free: 1-800-251-3589
Chattanooga Office:
Krystal Building, Suite 503
100 West Martin Luther King Blvd
Chattanooga, TN 37402
Phone: (423) 634-6837
Fax: (423) 634-6986
Memphis Office:
One Commerce Square
40 South Main St
2nd Floor, Suite 200
Memphis, TN 38103
Phone: (901) 543-7389
Fax: (901) 543-6042
Knoxville Office:
7175 Strawberry Plains Pike
Suite 201
Knoxville, TN 37914
Phone: (865) 594-6500
Fax: (865) 594-6178
Housing/Toll-Free: 1-800-325-9664
Agency Description/Mission: The Commission is an independent state agency charged with preventing and eradicating discrimination in employment, public accommodations, and housing. The Commission has cooperative agreements with the U.S. Department of Housing and Urban Development and the Equal Employment Opportunity Commission.
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Memphis District Office
1407 Union Avenue
Suite 521
Memphis, TN 38104
Phone: 1-800-669-4000
Fax:901-544-0111
TTY: 1-800-669-6820
Nashville Area Office
220 Athens Way
Suite 350
Nashville, TN 37228-9940
Phone: 1-800-669-4000
Fax: 615-736-2107
TTY: 1-800-669-6820
ASL/Video: 844-234-5122
For more information about this agency, see the EEOC section of our page on federal agencies
Tennessee Department of Labor and Workforce Development
Tennessee OSHA
Central Office
220 French Landing Drive,
Nashville, TN 37243
(615) 741-2793
Chattanooga Local Office
1301 Riverfront Pkwy, Suite 202
Chattanooga, TN 37402-2066
(423) 634-6424
Jackson Local Office
225 Martin Luther King Boulevard,
Jackson, TN 38301
(731) 423-5640
Kingsport Local Office
1908 Bowater Drive,
Kingsport, TN 37660
(423) 224-2042
Knoxville Local Office
2700 Middlebrook Pike, Suite 100,
Knoxville, TN 37921
(865) 594-6180
Memphis Local Office
40 South Main St., Suite 500,
Memphis, TN 38103
(901) 543-7259
Murfreesboro Local Office
1313 Old Fort Parkway,
Murfreesboro, TN 37129
(615) 896-8809
Web Address: https://www.tn.gov/workforce/section/tosha
Agency Description/Mission: The mission of the Tennessee Department of Labor and Workforce Development Division of Occupational Safety and Health (TOSHA) is to save lives, prevent injuries, and protect the health of Tennessee workers. To accomplish this, we work in partnership with the more than three million working men and women and more than 140,000 employers who are covered by the Tennessee Occupational Safety and Health Act of 1972.
Tennessee Department of Labor and Workforce Development
Phone: 844-224-5818
Web Address: https://www.tn.gov/workforce/section/unemployment
This site is a frame-based site, so key pages cannot be accessed through individual links. However, worker/claimant information can be accessed through the “Apply for Benefits” menu on the main page
Wage and Hour/Labor Standards – State Agency
Tennessee Department of Labor and Workforce Development
Division of Labor Standards
220 French Landing Drive
Nashville, TN 37243-0655
Division of Labor Standards
Phone: (844) 224-5818
Web Address:https://www.tn.gov/workforce/topic/workforce-labor-standards-unit
Tennessee Department of Labor & Workforce Development
Bureau of Workers’ Compensation
Memphis
One Commerce Square
40 South Main Street, Suite 500
Memphis, TN 38103
Telephone: (901) 543-6077
Fax: (901) 343-6039
Nashville
220 French Landing Drive, Suite 1B
Nashville, TN 37228
Telephone: (615) 741-1383
Fax: (615) 253-2480
Cookeville
444-A Neal Street
Cookeville, TN 38501
Telephone: (931) 520-4290
Fax: (931) 520-4316
Knoxville
520 Summit Hill, Suite 103
Knoxville, TN 37902
Telephone: (865) 594-5177
Fax: (865) 594-5172
Jackson
225 Dr. MLK Drive, 1st Floor
Jackson, TN 38301
Telephone: (731) 423-5646
Fax: (731) 265-7022
Murfreesboro
845 Esther Lane
Murfreesboro, TN 37219
Telephone: (615) 848-6743
Fax: (615) 217-9378
Chattanooga
1301 Riverfront Parkway, Suite 202
Chattanooga, TN 37402
Telephone: (423) 634-6422
Fax: (423) 634-3115
Kingsport
1908 Bowater Drive
Kingsport, TN 37660
Telephone: (423) 224-2057
Fax: (423) 224-2056
Email: WC.Info@tn.gov
For additional information call 615-532-4812 or 800-332-2667
Agency Description/Mission: We administer the workers’ compensation system and promote a better understanding of the program’s benefits by informing employees and employers of their rights and responsibilities. We administer a mediation program for disputed claims, encourage workplace safety, participate with law enforcement in combating fraud, and oversee an information awareness program for educating the public on laws and regulations which define workers’ compensation requirements. We ensure that companies properly provide benefits and both assess and collect penalties for noncompliance from employers and insurance companies.
For more information about filing a discrimination or harassment claim in South Dakota, see our page on filing a discrimination complaint: South Dakota
Discrimination/Harassment – State Agency
South Dakota Division of Human Rights
118 West Capitol Ave.
Pierre, SD 57501
Phone: (605) 773-4493
Fax: (605) 773-6893
Web Address: http://dlr.sd.gov/human_rights/default.aspx
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Denver District Office
303 E. 17th Avenue
Suite 510
Denver, CO 80203
Phone: 1-800-669-4000
Fax:303-866-1085
TTY: 1-800-669-6820
For more information about this agency, see the EEOC section of our page on federal agencies
Occupational Safety & Health Administration (OSHA)
Denver Regional Office
1391 Speer Boulevard, Suite 210
Denver, Colorado 80204-2552
Phone: (303) 844-5285
Fax: (303) 844-6676 Englewood Area Office
7935 East Prentice Avenue, Suite 209
Englewood, Colorado 80111-2714
Phone: (303) 843-4500
Fax: (303) 843-4515
For more information about this agency, see the OSHA section of our page on federal agencies
South Dakota Department of Labor and Regulation
Unemployment Insurance
420 S. Roosevelt Street
P.O. Box 4730
Aberdeen, SD 57402-4730
Phone: (605) 626-2452
Fax: (605) 626-3172
Web Address: http://dlr.sd.gov/ui/default.aspx
Agency Description/Mission: Unemployment insurance provides financial assistance for persons who have lost their jobs, through no fault of their own, until they find other employment. South Dakota’s unemployment insurance program is financed by employers through payroll taxes, workers do not contribute to this plan.
Wage and Hour/Labor Standards – State Agency
South Dakota Department of Labor and Regulation
Division of Labor & Management
Kneip Building
700 Governors Drive
Pierre, SD 57501-2291
Phone: (605) 773-3681
Fax: (605) 773-4211
E-Mail: labor@dol-pr.state.sd.us
Web Address: http://dol.sd.gov/wagehrs/default.aspx
Agency Description/Mission: The Division of Labor and Management is responsible for administering the state’s labor laws. Staff in the division help settle problems between employers and workers; enforce wage and hour and child labor laws, answer questions about state and federal unemployment laws, and administer the state’s workers’ compensation system.
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Denver Colorado District Office
1999 Broadway, Suite 2445
PO Box 46550
Denver, CO 80201-6550
Phone: (720) 264-3250
Fax: (720) 264-3255
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies
South Dakota Department of Labor and Regulation
Division of Labor & Management
Kneip Building
700 Governors Drive
Pierre, SD 57501-2291
Phone: (605) 773-3681
Fax: (605) 773-4211
E-Mail: labor@dol-pr.state.sd.us
Web Address: http://dlr.sd.gov/workers_compensation/default.aspx
Agency Description/Mission: The Division of Labor and Management is responsible for administering the state’s labor laws. Staff in the division help settle problems between employers and workers; enforce wage and hour and child labor laws, answer questions about state and federal unemployment laws, and administer the state’s workers’ compensation system.
Employee Rights and Responsibilities
For more information about filing a discrimination or harassment claim in South Carolina, see our page on filing a discrimination complaint: South Carolina
Discrimination/Harassment – State Agency
South Carolina Human Affairs Commission
1026 Sumter Street, Columbia, South Carolina 29201
Phone: (803) 737-7800
Toll-free: (800) 521-0725
TDD: (803) 253-4125
E-Mail: information@schac.state.sc.us
Web Address: http://www.state.sc.us/schac/
Agency Description/Mission: The mission of the South Carolina Human Affairs Commission is to eliminate and prevent unlawful discrimination in: employment on the basis of race, color, national origin, religion, sex, age and disability; housing on the basis of race, color, national origin, religion, sex, familial status and disability; and public accommodations on the basis of race, color, national origin and religion.
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Greenville Local Office
301 North Main Street
Suite 1402
Greenville, SC 29601
Phone: (864) 241-4400
TTY: (864) 241-4403
For more information about this agency, see the EEOC section of our page on federal agencies
South Carolina Department of Labor, Licensing and Regulation
Office of OSHA Compliance
3600 Forest Drive
PO Box 11329
Columbia, SC 29211-1329
Phone: (803) 734-9632
Fax: (803) 734-9772
Web Address: http://www.scosha.llronline.com/
Agency Description/Mission: South Carolina is one of 23 states and territories which administers its own occupational safety and health program through an agreement with the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA). The state occupational safety and health act requires employers to provide their employees with a safe and healthy worksite which is free of hazards which may cause injuries and illnesses to workers. The SC OSHA office conducts inspections of businesses to assure compliance with the law.
South Carolina Employment Security Commission
P. O. Box 995
1550 Gadsden St.
Columbia, SC 29202
Phone: (803) 737-3071
Fax: (803) 737-0286
E-Mail: ui@sces.org
Web Address: http://www.sces.org
Agency Description/Mission: The South Carolina Employment Security Commission pays “Job Insurance” benefits to insured workers who are unemployed and meet all eligibility requirements. This system of insurance was established to tide workers over between jobs, to maintain purchasing power, and to limit the serious effects of unemployment on the community and state. Unemployment insurance is not a form of relief. Benefit payments are not based on need; they are based on wages earned in employment covered by the state Employment Security Law.
South Carolina Department of Labor, Licensing, and Regulation
Synergy Business Park
Kingstree Building
110 Centerview Dr.
Columbia S.C. 29210
Phone: (803) 896-4300
South Carolina Workers’ Compensation Commission
1333 Main Street, Suite 500
Columbia, SC 29201
Phone: (803) 737-5700
Toll-Free: (800) 868-4244
Web Address: http://www.wcc.sc.gov/Pages/default.aspx
For more information about filing a discrimination or harassment claim in Rhode Island, see our page on filing a discrimination complaint: Rhode Island
Discrimination/Harassment – State Agency
Rhode Island Commission for Human Rights
180 Westminster Street, 3rd Floor
Providence, RI 02903-3768
Phone: (401) 222-2661
Fax: (401) 222-2616
TDD: (401) 222-2664
Web Address: http://www.richr.state.ri.us/frames.html
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Boston Area Office
John F. Kennedy Federal Building
Government Center
4th Floor, Room 475
Boston, MA 02203
Phone: (617) 565-3200
TTY: (617) 565-3204
For more information about this agency, see the EEOC section of our page on federal agencies.
Occupational Safety & Health Administration (OSHA)
Providence Area Office
Federal Office Building
380 Westminster Mall, Room 243
Providence, RI 02903
Phone: (401) 528-4669
Fax: (401) 528-4663
For more information about this agency, see the OSHA section of our page on federal agencies
Rhode Island Department of Labor & Training
Temporary Disability Insurance
Center General Complex
1511 Pontiac Avenue
Cranston, RI 02920
Phone: (401) 462-8420
Fax: (401) 462-8466
Web Address: http://www.dlt.ri.gov/tdi/
Rhode Island Department of Labor & Training
Unemployment Insurance
Center General Complex
1511 Pontiac Avenue
Cranston, RI 02920
Phone: (401) 243-9100
TDD: (401) 243-9149
E-Mail: unemploymentinsurance@dlt.state.ri.us
Web Address: http://www.dlt.ri.gov/ui/
Wage and Hour/Labor Standards – State Agency
Rhode Island has no state agency that enforces wage and hour laws; see the local DOL office(s) below.
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Hartford Connecticut District Office
135 High Street, Room 210
Hartford, CT 06103-1111
Phone: (860) 240-4160
Fax: (860) 240-4029
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies.
Rhode Island Department of Labor and Training
Division of Workers’ Compensation
1511 Pontiac Avenue, Building 69, Second Floor
P. O. Box 20190
Cranston, RI 02920-0942
Phone (Main Line): (401) 462-8100
Information Line: (401) 462-8125
TDD: (401) 462-8084
E-Mail: WCEdcUnit@DLT.state.ri.us
Web Address: http://www.dlt.ri.gov/wc/
For more information about filing a discrimination or harassment claim in Pennsylvania, see our page on filing a discrimination complaint: Pennsylvania
Discrimination/Harassment – State Agency
Pennsylvania Human Relations Commission (PHRC)
Please contact the office serving the county where the discrimination occurred (not necessarily the closest to where you live).
Harrisburg Regional Office
Riverfront Office Center
1101-1125 S. Front Street, 5th Floor
Harrisburg, PA 17104-2515
Phone: (717) 787-9784
TTY: (717) 787-7279
Counties Served: Adams, Bedford, Berks, Blair, Bradford, Cambria, Carbon, Centre, Clinton, Columbia, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lackawanna, Lancaster, Lebanon, Lehigh, Luzerne, Lycoming, Mifflin, Monroe, Montour, Northampton, Northumberland, Perry, Pike, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Wayne, Wyoming and York.
Philadelphia Regional Office
711 State Office Building
1400 Spring Garden Street
Philadelphia, PA 19130
Phone: (215) 560-2496
TTY: (215) 560-3599
Counties Served: Bucks, Chester, Delaware, Montgomery and Philadelphia.
Pittsburgh Regional Office
11th Floor State Office Building
300 Liberty Avenue
Pittsburgh, PA 15222
Phone: (412) 565-5395
TTY: (412) 565-5711
Counties Served: Allegheny, Armstrong, Beaver, Butler, Cameron, Clarion, Clearfield, Crawford, Elk, Erie, Fayette, Forest, Greene, Indiana, Jefferson, Lawrence, McKean, Mercer, Potter, Venango, Warren, Washington and Westmoreland.
Web Address: http://www.phrc.state.pa.us
Agency Description/Mission: The mission of the Pennsylvania Human Relations Commission is to administer and enforce the PHRAct and the PFEOA of the Commonwealth of the Pennsylvania for the identification and elimination of discrimination and the providing of equal opportunity for all persons. The PHRC is mandated to enforce the Commonwealth’s laws that prohibit discrimination because of race, color, religion, ancestry, age (40 and above), sex, national origin, non-job related disability, known association with a disabled individual, possession of a diploma based on passing a general education development test and familial status. The PHRC’s jurisdiction covers employment, housing and commercial real estate, public accommodations, education, refusal or willingness to participate in abortion procedures and monitoring racial tension situations.
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Philadelphia District Office
801 Market Street, Suite 1300
Philadelphia, PA 19107-3127
Phone: (215) 440-2600
TTY: (215) 440-2610
Pittsburgh Area Office
1000 Liberty Avenue
Suite 1112
Pittsburgh, PA 15222-4187
Phone: (412) 395-5749
TTY: (412) 644-2720
For more information about this agency, see the EEOC section of our page on federal agencies.
Occupational Safety & Health Administration (OSHA)
Allentown Area Office | Philadelphia Area Office |
Erie Area Office | Pittsburgh Area Office |
| Wilkes-Barre Area Office |
For more information about this agency, see the OSHA section of our page on federal agencies
Pennsylvania Department of Labor and Industry
Unemployment Compensation Claims Information Center
6th Floor, Labor & Industry Bldg.
Seventh & Forster Sts.
Harrisburg, PA 17121
Phone (Toll-Free): (888) 313-7284
TTY (Toll-Free): (888) 334-4046
Pennsylvania Teleclaims:
Toll-Free: (888) 255-4728
TTY (Toll-Free): (888) 411-4728
Web Address: http://www.uc.pa.gov/Pages/default.aspx
Wage and Hour/Labor Standards – State Agency
Bureau of Labor Law Compliance
1301 Labor and Industry Building
Seventh and Forster Streets
Harrisburg, PA 17120-0019Phone: (717) 787-4671
Toll-Free: (800) 932-0665
Fax: (717) 787-0517
Web Address: http://www.dli.pa.gov/Individuals/Labor-Management-Relations/Pages/default.aspx
Agency Description/Mission: The Bureau of Labor Law Compliance is responsible for the administration, education, and enforcement of labor laws. As such, it provides employers and employees with educational outreach seminars, conducts investigations and resolves disputes when complaints are received.
Minimum Wage and Overtime Complaint Form
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)
Harrisburg
1301 Labor & Industry Building
Seventh & Forster Streets
Harrisburg, PA 17120-0019
Phone: (717) 787-4671
Toll Free: 1-800-932-0665
Philadelphia
1103 State Office Building
110 North 8th St., Suite 203
Philadelphia, PA 19107-4064
Phone: (215) 560-1858
Pittsburgh
1201 State Office Building
301 5th Ave, Suite 330
Pittsburgh, PA 15222-1210
Phone: (412) 565-5300
Toll Free: 1-877-504-8354
Altoona
Suite 200, 2nd Floor
1130, 12th Avenue
Altoona, PA 16601
Toll Free: 1-877-792-8198
Scranton
201-B State Office Building
100 Lackawanna Avenue
Scranton, PA 18503-1923
Phone: (570) 963-4577
Toll Free: 1-877-214-3962
Pennsylvania Department of Labor and Industry
Bureau of Workers’ Compensation
1171 So. Cameron Street, Rm. 324
Harrisburg, PA 17104-2501
Phone: (717) 772-4447
Toll-Free: (800) 482-2383
TTY: (800) 362-4228
Web Address: http://www.dli.state.pa.us/landi/cwp/view.asp?a=138&q=220671
Workers’ Compensation & The Injured Worker
Filing a Workers’ Compensation Claim
For more information about filing a discrimination or harassment claim in Oregon, see our page on filing a discrimination complaint: Oregon
Discrimination/Harassment — State Agency
Bureau of Labor & Industries (BOLI)
Civil Rights Division
Portland Office | Pendleton Office |
Eugene Office | Medford Office |
E-Mail: mailb@boli.state.or.us
Web Address: http://www.oregon.gov/boli/Pages/index.aspx
Agency Description/Mission: The Civil Rights Division of the Bureau of Labor and Industries (BOLI) enforces Oregon’s civil rights laws. These laws ban discrimination against individuals because of characteristics that make them part of a protected class. Anyone claiming to have been discriminated against at work, in a place where the public is served such as a restaurant or a hotel, when buying or renting housing or when applying for or attending a career school can file a complaint with the BOLI’s Civil Rights Division.
Discrimination/Harassment — Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Seattle District Office
Federal Office Building
909 First Avenue, Suite 400
Seattle, WA 98104-1061
Phone: (206) 220-6883
TTY: (206) 220-6882
For more information about this agency, see the EEOC section of our page on federal agencies
Oregon Department of Consumer & Business Services
Occupational Safety and Health Division
350 Winter Street, NE, Room 430
Salem, OR 97301
Phone: (503) 378-3272
Toll-Free (in Oregon): (800) 922-2689
Web Address: http://www.orosha.org
Agency Description/Mission: In Oregon, OR-OSHA (the Oregon Occupational Safety and Health Division) administers the OSEAct and enforces Oregon’s occupational safety and health rules. These rules establish minimum safety and health standards for all industries and outline specific standards for individual industries such as logging and agriculture.
Oregon Employment Department Employment Office Locations
(no published central office address)
E-Mail: ui_info@emp.state.or.us
Web Address: https://www.oregon.gov/EMPLOY/Unemployment/Pages/default.aspx
Wage and Hour/Labor Standards — State Agency
Bureau of Labor & Industries (BOLI)
Wage & Hour Division
Eugene Office | Portland Office |
Medford Office | Salem Office |
TDD (Portland): (503) 731-4069
E-Mail: whdscreener@boli.state.or.us
Web Address: https://www.oregon.gov/boli/WHD/pages/index.aspx
Agency Description/Mission: The Wage and Hour Division serves Oregon wage earners by enforcing laws covering state minimum wage and overtime requirements, working conditions, child labor, farm and forest labor contracting, and wage collection. The division also regulates the employment of workers on public works projects.
Frequently Asked Questions/Fact Sheets
Wage and Hour/Labor Standards — Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
620 SW Main Street
Room 423
Portland, OR 97205
Phone: (503) 326-3057
Fax: (503) 326-5951
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies
Oregon Department of Consumer & Business Services
Workers’ Compensation Division
350 Winter Street, NE, Room 27
Salem, OR 97301-3879
Phone: (503) 947-7810
Toll-Free (in Oregon): (800) 452-0288
TTY: (503) 947-7993
Fax: (503) 947-7612
E-Mail: workcomp.questions@state.or.us
Web Address: http://www.cbs.state.or.us/external/wcd/index.html
Agency Description/Mission: The Workers’ Compensation Division administers Oregon’s Workers’ Compensation Law and regulates workers’ compensation insurance carriers and employers to ensure that workers injured on the job receive the benefits due them and employment assistance to regain their economic self-sufficiency.
For more information about filing a discrimination or harassment claim in Oklahoma, see our page on filing a discrimination complaint: Oklahoma
Discrimination/Harassment – State Agency
Oklahoma Human Rights Commission (OHRC)
Oklahoma City Office
Jim Thorpe Building, Room 480
2101 North Lincoln Boulevard
Oklahoma City, OK 73105
Phone: (405) 521-2360
Fax: (405) 522-3635
TDD: (405) 522-3993
Tulsa Field Office
State Office Building, Room 302
440 South Houston
Tulsa, OK 74127
Phone: (918) 581-2733
Fax: (918) 581-2940
Web Address: http://www.ok.gov/ohrc/
Agency Description/Mission: The Oklahoma Human Rights Commission receives, processes, and investigates complaints of discrimination in the areas of employment, housing, and public accommodation. The OHRC processes employment discrimination complaints on the classification basis of race, color, religion, sex, national origin, age, or handicap. The objective of the Oklahoma Human Rights Commission in the area of employment discrimination is to ensure equal opportunity for all persons by prohibiting discrimination that would deprive, limit, or otherwise adversely affect an individual’s status as an applicant or employee.
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Oklahoma Area Office
215 Dean A McGee Avenue
Suite 524
Oklahoma City, Oklahoma 73102 Phone: 1-800-669-4000
Fax:405-231-4140
TTY: 1-800-669-6820
For more information about this agency, see the EEOC section of our page on federal agencies
Occupational Safety & Health Administration (OSHA)
Oklahoma City Area Office
55 North Robinson – Suite 315
Oklahoma City, OK 73102-9237
Phone: (405) 278-9560
Fax: (405) 278-9572
For more information about this agency, see the OSHA section of our page on federal agencies
Oklahoma Employment Security Commission
PO Box 52003
Oklahoma City, OK 73152
Phone: (405) 557-0200
TDD: (405) 557-7531
Web Address: https://www.ok.gov/oesc_web/Services/Unemployment_Insurance/index.html
Wage and Hour/Labor Standards – State Agency
Oklahoma Department of Labor
Wage & Hour Division
Oklahoma City Office
4001 N. Lincoln Blvd.
Oklahoma City, OK 73105
Phone: (405) 528-1500
Toll-Free: (888) 269-5353
Fax: (405) 528-5751
Tulsa Office
440 S. Houston, Suite 300
Tulsa, OK 74127
Phone: (918) 581-2400
Fax: (918) 581-2431
E-Mail: labor.info@oklaosf.state.ok.us
Web Address: https://www.ok.gov/odol/
Agency Description/Mission: The Wage & Hour Division serves as an advocate for Oklahoma’s workforce. Employers are required to comply with all federal and state laws regarding compensation. This Division investigates the validity of wage claims and vigorously pursues payment on behalf of employees when warranted.
Labor Department’s Wage & Hour Frequently Asked Questions
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Little Rock Arkansas District Office
TCBY Building, Suite 725
425 West Capitol Avenue
Little Rock, AR 72201
Phone: (501) 324-5292
Fax: (501) 324-5129
Oklahoma Department of Labor
3017 North Stiles, Suite 100
Oklahoma City, Oklahoma 73105
Phone: (405) 521-6100
Toll Free: (888) 269-5353
Fax: (405) 521-6018
Email: labor.info@labor.ok.gov
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies
Oklahoma Workers Compensation Court
1915 North Stiles Avenue
Oklahoma City, OK 73105-4904
Phone: (405) 522-8600
Toll-Free: (800) 522-8210
E-Mail: webmaster@owcc.state.ok.us
Web Address: http://www.owcc.state.ok.us
Agency Description/Mission: The Oklahoma Workers’ Compensation Court applies the law as set out in the Oklahoma Workers’ Compensation Act. Its responsibility is to provide fair and timely procedures for the resolution of disputes and identification of issues involving on-the-job injuries.
For more information about filing a discrimination or harassment claim in Ohio, see our page on filing a discrimination complaint: Ohio
Discrimination/Harassment – State Agency
Ohio Civil Rights Commission (OCRC)
Central Office
Rhodes State Office Tower
30 East Broad Street, 5th Floor
Columbus, OH 43215
Phone: (614) 466-2785
Fax: (614) 644-8776
Akron Regional Office
Vera Boggs, Regional Director
Akron Government Bldg.
161 S. High Street, Suite 205
Akron, OH 44308
Phone: (330) 643-3100 Fax: (330) 643-3120)
TTY: (330) 643-1488
Cincinnati- Satellite Office
Norman Gibson, Regional Director
7162 Reading Road, Suite 606
Cincinnati, OH 45237
Phone: (513) 351-2541 Fax: (513) 351-2616
(937) 285-6500 TTY
Cleveland Regional Office
Vera Boggs, Regional Director
Lausche State Office Building
615 W. Superior Ave., Suite 885
Cleveland, OH 44113
Phone: (216) 787-3150 Fax: (216) 787-4121
TTY: (216) 787-3549
Columbus Regional Office
Aman Mehra, Regional Director
Rhodes State Office Tower
30 East Broad Street, 4th Floor
Columbus, OH 43215
Phone: (614) 466-2785 Fax: (614) 466-6250
TTY: (614) 752-2391
Dayton Regional Office
Norman Gibson, Regional Director
40 W. 4th Centre
40 W. 4th Street, Suite 1900
Dayton, OH 45402
Phone: (937) 285-6500 Fax: (937) 285-6606
TTY: (937) 285-6500
Toledo Regional Office
Darlene Newbern, Regional Director
One Government Center
640 Jackson Street, Suite 936
Toledo, OH 43604
Phone: (419) 245-2900 Fax: (419) 245-2668
TTY: (419) 245-2900
Web Address: http://crc.ohio.gov/
Agency Description/Mission: The Ohio Civil Rights Commission enforces state laws against discrimination. The agency receives and investigates charges of discrimination in employment, public accommodations, housing, credit and disability in higher education on the bases of race, color, religion, sex, national origin, disability, age, ancestry and familial status. The Commission has six regional offices in Akron, Cincinnati, Cleveland, Columbus, Dayton and Toledo.
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Cincinnati Area Office
550 Main Street
Suite 10019
Cincinnati, OH 45202
Phone: 1-800-669-4000TTY: 1-800-669-6820
Cleveland District Office
Anthony J. Celebrezze Federal Building
1240 E. 9th Street, Suite 3001
Cleveland, OH 44199
Phone: For general inquiries or to begin the process of filing a complaint of discrimination, please call 1-800-669-4000.
If you have existing business with the Cleveland Field Office or know the name of the person you are trying to reach, please call 1-866-408-8075.
TTY: 1-800-669-6820
For more information about this agency, see the EEOC section of our page on federal agencies
Occupational Safety & Health Administration (OSHA)
Cincinnati Area Office
36 Triangle Park Drive
Cincinnati, OH 45246
Phone: (513) 841-4132
Fax: (513) 841-4114
Cleveland Area Office
Essex Place
6393 Oak Tree Blvd., Suite 203
Independence, Ohio 44131-6964
Phone:(216) 447-4194
Fax: (216) 520-1624
Columbus Area Office
Federal Office Building
200 North High Street, Room 620
Columbus, OH 43215
Phone: (614) 469-5582
Fax: (614) 469-6791
Toledo Area Office
Ohio Building
420 Madison Avenue, Suite 600
Toledo, OH 43604
Phone: (419) 259-7542
Fax: (419) 259-6355
For more information about this agency, see the OSHA section of our page on federal agencies
Ohio Department of Job & Family Services
Office of Unemployment Compensation
30 E. Broad St., 32nd Floor
Columbus, OH 43215-3414
Phone: (877) 644-6562
Fax: (614) 466-6873
Web Address: http://jfs.ohio.gov/
General Information on Unemployment Compensation
State Labor Agency
Ohio Department of Commerce, Wage and Hour Bureau
6606 Tussing Road
Reynoldsburg, Ohio 43068
Phone: (614) 644-2239
Fax: (614) 728-8639
Ohio Bureau of Workers’ Compensation
30 West Spring Street
Columbus, OH 43266-0581
Phone (Toll-Free): 1-800-OHIOBWC (1-800-644-6292)
Fax: (877) 520-OHIO (6446)
E-mail: http://www.ohiobwc.com/home/contactus/contactus.asp
Web Address: http://www.ohiobwc.com
For more information about filing a discrimination or harassment claim in North Dakota, see our page on filing a discrimination complaint: North Dakota
Discrimination/Harassment – State Agency
North Dakota Department of Labor
Human Rights Division
Mailing Address: 600 East Boulevard Avenue, Dept 406
Bismarck ND 58505-0340
Physical Address: State Capitol, 13th Floor
Bismarck, North Dakota
Phone: (701) 328-2660
Toll-Free (in-state): (800) 582-8032
TTY (Relay ND): (800) 366-6888 or (800) 366-6889
Fax: (701) 328-2031
E-Mail: humanrights@state.nd.us
Web Address: http://www.nd.gov/labor/human-rights/
Agency Description/Mission: The Division of Human Rights is responsible for processing charges of employment discrimination under federal statutes and the North Dakota Human Rights Act (NDCC § 14-02.4). In October 1987, the Equal Employment Opportunity Commission (EEOC) designated the North Dakota Department of Labor as a Fair Employment Practices Agency (FEPA). The federal statutes include Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act; and the Americans with Disabilities Act. In addition, the North Dakota Human Rights Act permits the North Dakota Department of Labor to process charges of employment discrimination that do not meet federal jurisdiction. The complaints may include issues of marital status, public assistance, and lawful activity off the employer’s premises during non-working hours which is not in direct conflict with the essential business-related functions of the employer.
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Denver District Office
303 E. 17th Avenue
Suite 510
Denver, CO 80203
Phone: 1-800-669-4000
Fax: 303-866-1085
TTY: 1-800-669-6820
For more information about this agency, see the EEOC section of our page on federal agencies
Occupational Safety & Health Administration (OSHA)
Bismarck Area Office
Eric Brooks, Area Director
U. S. Department of Labor
Occupational Safety and Health Administration
521 East Main Avenue, Suite 200
Bismarck, North Dakota 58501
Phone: 701-250-4521
Fax: 701-250-4520
For more information about this agency, see the OSHA section of our page on federal agencies
Job Service North Dakota
P.O. Box 5507
Bismarck, ND 58506-5507
Phone: (701) 328-2868
Toll-Free: (800) 732-9787
TTY Relay ND (Toll-Free): (800) 366-6888
Fax: (701) 328-4193
E-Mail: jsndweb@state.nd.us
Web Address: http://www.jobsnd.com/?database=workers
Resources–Unemployment for Individuals
Wage and Hour/Labor Standards – State Agency
North Dakota Department of Labor
Wage & Hour Division
Mailing Address: 600 East Boulevard Avenue, Dept 406
Bismarck ND 58505-0340
Physical Address: State Capitol, 13th Floor
Bismarck, ND
Phone: (701) 328-2660
Toll-Free (in-state only): (800) 582-8032
TTY (Relay ND): (800) 366-6888 or (800) 366-6889
Fax: (701) 328-2031
E-Mail: labor@state.nd.us
Web Address: http://www.nd.gov/labor/publications/wage.html
Agency Description/Mission: The North Dakota Department of Labor is responsible for enforcing North Dakota labor and human rights laws and for educating the public about these laws. In addition, the department licenses employment agencies operating in North Dakota and can verify the status of independent contractor relationships. We are here to be of assistance to all North Dakota citizens, employees, employers, those purchasing or receiving services, and those providing services.
Department of Labor Forms and Instructions
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Denver Colorado District Office
1999 Broadway, Suite 2445
PO Box 46550
Denver, CO 80201-6550
Phone: (720) 264-3250
Fax: (720) 264-3255
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies
North Dakota Workforce Safety & Insurance
500 East Front Avenue
Bismarck, ND 58504-5685
Phone: (701) 328-3800
Toll-Free: (800) 777-5033
Fax (Claims Department): (701) 328-3820
TDD: (701) 328-3786
Web Address: http://www.workforcesafety.com/
For more information about filing a discrimination or harassment claim in North Carolina, see our page on filing a discrimination complaint: North Carolina
Discrimination/Harassment – State Agency
North Carolina has no state agency that enforces antidiscrimination laws; see the local EEOC office(s) below.
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Charlotte District Office
129 West Trade Street
Suite 400
Charlotte, NC 28202
Phone: (704) 344-6682
TTY: (704) 344-6684
Greensboro Local Office
2303 W. Meadowview Road
Suite 201
Greensboro, NC 27405-7813
Phone: (336) 547-4188
TTY: (336) 333-5542
Raleigh Area Office
1309 Annapolis Drive
Raleigh, NC 27608-2129
Phone: (919) 856-4064
TTY: (919) 856-4296
For more information about this agency, see the EEOC section of our page on federal agencies.
North Carolina Department of Labor (NCDOL)
4 West Edenton Street
Raleigh, NC 27601-1092
Phone: (919) 807-2900
Fax: (919) 807-2855
Complaint Line (Toll-Free): (800) NC-LABOR (in-state calls only)
Complaint Line: (919) 807-2796 or (919) 662-4309
Web Address: http://www.nclabor.com/osha/osh.htm
Agency Description/Mission: The Division of Occupational Safety and Health administers and enforces the 1973 Occupational Safety and Health Act of North Carolina, a broadly inclusive law which applies to most private sector employment in the State and to all agencies of state and local government. The division conducts investigations of complaints made by workers, investigations of work-related accidents and deaths, general schedule inspections of randomly picked firms, and follow-up inspections of firms previously cited for OSHA violations.
Employment Security Commission of North Carolina
Mailing Address:
P.O. Box 25903
Raleigh, NC 27611-6504
Central Office Location:
700 Wade Avenue
Raleigh, NC 27605
E-Mail: esc.ui.customerservice@ncmail.net
Web Address: http://www.ncesc.com
Unemployment Insurance Information Index
Wage and Hour/Labor Standards – State Agency
North Carolina Department of Labor
Wage and Hour Bureau
4 W. Edenton Street
Raleigh, NC 27601
Phone: (919) 807-2796
Toll-Free: (800) NC-LABOR
Web Address: http://www.nclabor.com/wh/wh.htm
Agency Description/Mission: The Wage and Hour Bureau is responsible for enforcement of the N.C. Wage and Hour Act, Controlled Substance Examination Regulation Act, Private Personnel Services Act and the Job Listing Services Act. The Bureau uses a combination of education and outreach efforts and regulatory investigations to assure compliance with these laws.
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Charlotte District Office
800 Briar Creek Road
Suite CC-412
Charlotte, NC 28205-6903
Phone: (704) 344-6302
Fax: (704) 344-6307
Raleigh District Office
Somerset Bank Building
4407 Bland Road, Suite 260
Raleigh, NC 27609-6296
Phone: (919) 790-2741 or (919) 790-2742
Fax: (919) 790-1656
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies.
North Carolina Industrial Commission
4319 Mail Service Center
Raleigh, NC 27699-4319
Phone: (919) 807-2500
Fax: (919) 715-0282
Ombudsperson Phone: (800) 688-8349, (919) 807-2501
Web Address: http://www.comp.state.nc.us
For more information about filing a discrimination or harassment claim in New York, see our page on filing a discrimination complaint: New York
Discrimination/Harassment – State Agency
New York Division of Human Rights (DHR)
| Bronx–Headquarters One Fordham Plaza, 4th Floor Bronx, NY 10458 Phone: (718) 741-8400 | Manhattan 20 Exchange Place, 2nd Floor New York, NY 10005 Phone: (212) 480-2522 |
| Albany Regional Office Empire State Plaza, Agency Building #2, 18th Floor Albany, NY 12220 Phone: (518) 474-2705 | Adam Clayton Powell State Office Building 163 West 125th Street, 4th Floor New York, NY 10027 Phone: (212) 961-8650 |
| Binghamton 44 Hawley Street, Room 603 Binghamton, NY 13901 Phone: (607) 721-8467 | Peekskill 8 John Walsh Blvd. Suite 204 Peekskill, NY 10566 Phone: (914) 788-8050 |
| Brooklyn 55 Hanson Place, Room 304 Brooklyn, NY 11217 Phone: (718) 722-2856 | Rochester One Monroe Square, 259 Monroe Avenue, 3rd Floor Rochester, NY 14607 Phone: (585) 238-8250 |
| Buffalo The Walter J. Mahoney State Office Building 65 Court Street, Suite 506 Buffalo, NY 14202 Phone: (716) 847-7632 | Syracuse 333 E. Washington Street, Room 401 Syracuse, NY 13202 Phone: (315) 428-4633 |
| Long Island 175 Fulton Avenue Hempstead, NY 11550 Phone: (516) 538-1360 | |
| State Office Building, Veterans Memorial Building Hauppauge, NY 11787 Phone: (516) 952-6434 |
Web Address: http://www.dhr.state.ny.us/
Discrimination/Harassment – Local Agency (New York City Only)
New York City Commission on Human Rights
40 Rector Street
New York, NY 10006
Phone: (212) 306-7500
Discrimination Complaint Hotline: (212) 306-7450
(An automated voicemail system responds to callers in English and Spanish)
Web Address: http://www.nyc.gov/html/cchr/home.html
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Buffalo Local Office
6 Fountain Plaza
Suite 350
Buffalo, NY 14202
Phone: (716) 551-4441
TTY: (716) 551-5923
Equal Employment Opportunity Commission (EEOC)
New York District Office
33 Whitehall St.
New York, NY 10004
Phone: (212) 336-3620
TTY: (212) 336-3622
Occupational Safety & Health Administration (OSHA)
| Albany Area Office 401 New Karner Road, Suite 300 Albany, NY 12205-3809 Phone: (518) 464-4338 Fax: (518) 464-4337 | Manhattan Area Office 201 Varick Street RM. 908 New York, NY 10014 Phone: (212) 620-3200 Fax: (212) 620-4121 |
| Bayside District Office of the Long Island Area Office 42-40 Bell Boulevard Bayside, NY 11361 Phone: (718) 279-9060 Fax: (718) 279-9057 | Syracuse Area Office 3300 Vickery Road North Syracuse, NY 13212 Phone: (315) 451-0808 Fax: (315) 451-1351 |
| Buffalo Area Office 5360 Genesee Street Bowmansville, NY 14026 Phone: (716) 684-3891 Fax: (716) 684-3896 | Tarrytown Area Office 660 White Plains Road, 4th Floor Tarrytown, NY 10591-5107 Phone: (914) 524-7510 Fax: (914) 524-7515 |
| Long Island Area Office 1400 Old Country Road Suite 208 Westbury, NY 11590 Phone: (516) 334-3344 Fax: (516) 334-3326 |
For more information about this agency, see the OSHA section of our page on federal agencies
New York Workers’ Compensation Board
20 Park Street
Albany, NY 12207
Phone: (518) 474-6670
Toll-Free (Advocate for Injured Workers): (800) 580-6665
E-Mail: helpdesk@wcb.state.ny.us
Web Address: http://www.wcb.state.ny.us
Agency Description/Mission: Disability benefits are temporary cash benefits paid to an eligible wage earner, when he/she is disabled by an OFF THE JOB injury or illness. The Disability Benefits Law provides weekly cash benefits to replace, in part, wages lost due to injuries or illnesses that do not arise out of or in the course of employment. Disability benefits are also paid to an unemployed worker to replace unemployment insurance benefits lost because of illness or injury. Rather than establish another government agency, the Legislature placed responsibility for the administration of the law within the Workers’ Compensation Board. New York is one of only six jurisdictions to provide off-the-job benefits, allowing hand-tailored benefit plans and agreements for particular employee groups or industries.
New York State Department of Labor
Unemployment Insurance Program
State Office Building Campus, Room 500
Albany, NY 12240-0003
Phone (Original UI Claim Filing): (888) 209-8124
Web Address: http://www.labor.state.ny.us/unemploymentassistance.shtm
Agency Description/Mission: Unemployment insurance is temporary income for eligible workers who become unemployed through no fault of their own and who are ready, willing, and able to work and have sufficient work and wages in covered employment. In New York State, the money for unemployment insurance benefits comes from taxes paid by employers. No deductions are ever made from a worker’s paycheck for it. It is the Department of Labor that determines whether an unemployed worker qualifies for unemployment.
How to File an Unemployment Insurance Claim
Before You Apply For Unemployment: Frequently Asked Questions
After You’ve Applied For Unemployment: Frequently Asked Questions
Wage and Hour/Labor Standards – State Agency
New York Department of Labor
Division of Labor Standards
| Albany District Office State Office Campus Bldg. 12, Room 185A Albany, NY 12240 Phone: (518) 457-2730 Fax: (518) 457-8452 Counties Served: Albany, Clinton, Columbia, Dutchess, Essex, Franklin, Fulton, Green, Hamilton, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, Ulster, Warren, Washington | New York City District Office 345 Hudson Street New York, NY 10014 Phone: (212) 352-6700 Fax: (212) 352-6593 Counties Served: Bronx, Kings, New York, Queens, Richmond |
| Binghamton District Office State Office Bldg. 44 Hawley St. Room 909 Binghamton, NY 13901 Phone: (607) 721-8014 Fax: (607) 721-8013 Counties Served: Allegany, Broome, Chemung, Chenango, Cortland, Delaware, Otsego, Schuyler, Steuben, Sullivan, Tioga, Tompkins, Yates | Rochester Sub-District Office 109 South Union Street Room 318 Rochester, NY 14607 Phone: (585) 258-4550 Fax: (585) 258-4556 Counties Served: Genesee, Livingston, Monroe, Ontario, Orleans, Wayne, Wyoming |
| Buffalo District Office 65 Court Street Room 202 Buffalo, NY 14202 Phone: (716) 847-7141 Fax: (716) 847-7140 Counties Served: Cattaraugus, Chautauqua, Erie, Niagara | Syracuse District Office 333 East Washington Street Room 121 Syracuse, NY 13202 Phone: (315) 428-4057 Fax: (315) 428-4001 Counties Served: Cayuga, Herkimer, Lewis, Madison, Oneida, Jefferson, Onondaga, Oswego, St. Lawrence, Seneca |
| Garden City Office Suite 101 400 Oak Street Garden City, NY 11530-6551 Phone: (516) 794-8195 Fax: (516) 794-1046 Counties Served: Nassau, Suffolk | White Plains District Office 120 Bloomingdale Road White Plains, NY 10605 Phone: (914) 997-9521 Fax: (914) 997-8780 Counties Served: Orange, Putnam, Rockland, Westchester |
Web Address: http://www.labor.state.ny.us/workerprotection/laborstandards/labor_standards.shtm
Agency Description/Mission: The Division of Labor Standards enforces the New York State Labor Laws concerning minimum wage, hours of work, child labor, payment of wages and wage supplements, industrial homework, apparel industry registration and farm labor. It also administers the Employment Agency Law (Article 11 of the General Business Law) outside New York City.
Wages and Hours: Frequently Asked Questions
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
| Albany District Office Leo W. O’Brien Federal Building Room 822 Albany, NY 12207 Phone: (518) 431-4278 Fax: (518) 431-4281 | New York City District Office 26 Federal Plaza, Room 3700 New York, NY 10278 Phone: (212) 264-8185 Fax: (212) 264-9548 |
| Buffalo Area Office 111 West Huron Street Room 617 Buffalo, NY 14202 Phone: (716) 551-4891 Fax: (716) 551-5337 | Syracuse Area Office 100 South Clinton Street FOB Room 1247 Syracuse, NY 13260 Phone: (315) 448-0630 Fax: (315) 448-0632 |
| Long Island District Office 1350 Old Country Road Suite 410 Westbury, NY 11590-5119 Phone: (516) 338-1890 Fax: (516) 338-8901 | White Plains Area Office 140 Grand Street Suite 304 White Plains, NY 10601 Phone: (914) 682-6348 Fax: (914) 682-6351 |
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies
New York Workers’ Compensation Board
20 Park Street
Albany, NY 12207
Phone: (518) 474-6670
E-Mail: helpdesk@wcb.state.ny.us
Web Address: http://www.wcb.state.ny.us
Agency Description/Mission: The Workers’ Compensation Board administers five benefit programs which protect the rights of injured workers. These are: the Workers’ Compensation Law; the Disability Benefits Law; the Volunteer Firefighters’ Benefit Law; the Volunteer Ambulance Workers’ Benefit Law; and the Workers’ Compensation Act for Civil Defense Volunteers. In administering the Workers’ Compensation program, the Board receives and processes workers’ claims for benefits, employers’ reports of injury, and medical reports from physicians and other health care providers. The board adjudicates and resolves all issues and makes awards and findings as rapidly as possible to ensure that an entitled claimant receives benefits and medical treatment promptly.
What To Do If You Are Injured On The Job
Frequently Asked Questions
How to File a Claim
For more information about filing a discrimination or harassment claim in New Mexico, see our page on filing a discrimination complaint: New Mexico
Discrimination/Harassment – State Agency
New Mexico Department of Labor
Human Rights Bureau
1596 Pacheco Street
Aspen Plaza, Suite 103
Santa Fe, NM 87505
Phone: (505) 827-6838
Toll-Free: (800) 566-9471
Web Address: http://www.dws.state.nm.us/dws-humanrights.html
Agency Description/Mission: The Human Rights Bureau is responsible for enforcing the New Mexico Human Rights Act of 1969 and state executive orders affecting human rights. The Human Rights Act prohibits discrimination in employment, housing, credit and public accommodations on the basis of race, color, national origin, ancestry, religion, sex, age, physical or mental handicap, or serious medical condition. The division accepts complaints of discrimination and investigates those complaints to determine if there is a prima facie case of discrimination. The Bureau also offers an educational program to employee and employer groups on unlawful discrimination so as to prevent discrimination in the workplace.
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Albuquerque District Office
505 Marquette Street, N.W.
Suite 900
Albuquerque, NM 87102
Phone: (505) 248-5201
TTY: (505) 248-5240
For more information about this agency, see the EEOC section of our page on federal agencies.
New Mexico Environment Department
Occupational Health and Safety Bureau
1190 St. Francis Drive, Suite N4050
Santa Fe, New Mexico 87502
Phone: (505) 827-2855
Fax: (505) 827-2836
Mailing address:
525 Camino de los Marquez, Suite 3
Santa Fe, New Mexico 87502
Web Address: http://www.nmenv.state.nm.us/Ohsb_Website/index.htm
Agency Description/Mission: The New Mexico Occupational Health and Safety Bureau (NMOHSB) is a state regulatory agency that is part of the New Mexico Environment Department. It has the responsibility of enforcing Occupational Health and Safety Regulations within New Mexico. New Mexico has adopted the Federal OSHA Regulations and has promulgated some State specific regulations. The scope of NM OHSB’s jurisdiction includes all private industry and public entities such as city, county, and state government, excluding Federal Employees.
New Mexico Department of Labor
Unemployment Insurance Bureau, Employment Security Division
401 Broadway NE
Albuquerque, NM 87102
Mailing Address:
PO Box 1928
Albuquerque, NM 87103
Phone (Customer Service Line): (505) 841-2000
Web Address: https://uiclaims.state.nm.us/uiclaim/html/UICHome.html
Agency Description/Mission: The Unemployment Insurance Bureau is responsible for administering the provisions of the Unemployment Compensation Law of New Mexico and related federal programs. The bureau accomplishes this task through subordinate sections which provide for the payment of benefits to unemployed workers who meet the provisions of the law and for collection of taxes from liable employers to pay these benefits. Other U.I. bureau sections investigate fraud and abuse, determine types and causes of improper benefit payments, conduct mandated federal reviews and provide programmatic technical assistance.
Unemployment Insurance Handbook
Applying for a New Mexico Unemployment Insurance Claim Benefits
Workforce Development Centers Location and Telephone Numbers
Wage and Hour/Labor Standards – State Agency
New Mexico Department of Labor
Wage & Hour Bureau, Labor & Industrial Division
Santa Fe Office
1596 Pacheco Street
Suite 103
Santa Fe, NM 87505
Phone: (505) 827-6817
Fax: (505) 827-9676
Albuquerque Office
121 Tijeras Ave. NE Ste. 3000
Albuquerque, NM 87102
Phone: (505) 841-4400
Fax: (505) 841-4424
Las Cruces Office
226 South Alemeda Blvd.
Las Cruces, NM 88005
Phone: (575) 524-6195
Fax: (575) 524-6194
Web Address: http://www.dws.state.nm.us/dws-wagehour.html
Agency Description/Mission: The Wage and Hour Bureau administers statutes concerning minimum wage, payment of wages, blacklisting, and overtime. The bureau also assists in enforcing the Public Works Minimum Wage Act in regard to wage and hour violations. Under the Payment of Wages Statute, the bureau takes wage claims and assignments for unpaid wages from employees who have no bargaining agreement or contract to protect them. The bureau also provides seminars and materials to employer and employee groups on the compliance requirements of the various state laws.
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Albuquerque District Office
Western Bank Building, Suite 840
505 Marquette NW
Albuquerque, NM 87102-2160
Phone: (505) 245-2142
Fax: (505) 245-2145
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies.
Workers’ Compensation Administration
2410 Centre Drive, SE
P. O. Box 27198
Albuquerque, NM 87125-7198
Phone: (505) 841-6000
Toll-Free: (800) 255-7965
TTD: (505) 841-6043
E-Mail: WCAHotline@state.nm.us
Web Address: http://www.workerscomp.state.nm.us/
Agency Description/Mission: assure the quick and efficient delivery of indemnity and medical benefits to injured workers at a reasonable cost to employers who are subject to the provisions of the Workers’ Compensation Act and the New Mexico Occupational Disease & Disablement Law.
For more information about filing a discrimination or harassment claim in New Jersey, see our page on filing a discrimination complaint: New Jersey
Discrimination/Harassment – State Agency
New Jersey Division on Civil Rights (DCR)
| South Shore Regional Office 1325 Boardwalk, 1st floor Tennessee Avenue and Boardwalk Atlantic City, NJ 08401 Phone: (609) 441-3100 Fax: (609) 441-3578 TTY:609-441-7648 | Southern Regional Office 5 Executive Campus, Suite 107 Cherry Hil, NJ 08002 Phone: 856-486-4080 Fax:856-486-2255 TTY:973-648-4678 |
| Northern Regional Office P.O. Box 46001 Newark, NJ 07102 Phone: 973-648-2700 Fax: 973-648-4405 TTY:973-648-4678 | Central Regional Office P.O. Box 090 Trenton, NJ 08625-0090 Phone: 609-292-4605 Fax: 609-984-3812 TTY:609-292-1785 |
E-Mail: http://www.state.nj.us/lps/dcr/email.html
Web Address: http://www.state.nj.us/lps/dcr/index.html
Agency Description/Mission: The Division on Civil Rights (Division) is charged with enforcing the Law Against Discrimination (LAD) within the State of New Jersey. Accordingly, the mission of the Division is the eradication of illegal discrimination based on race, religion, color, national origin, handicap, age, nationality, ancestry, marital status, familial status, affectional or sexual orientation, and sex, in areas such as employment, public accommodations, and housing. The Division serves as a fair and impartial forum for addressing claims that the LAD has been violated.
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Newark Area Office
Two Gateway Center
Suite 1703
283-299 Market Street
Newark, NJ 07102
Phone: 1-800-669-4000
Fax:973-645-4524
TTY: 1-800-669-6820
For more information about this agency, see the EEOC section of our page on federal agencies.
Occupational Safety & Health Administration (OSHA)
Avenel Area Office
1030 St. Georges Avenue
Plaza 35, Suite 205
Avenel, New Jersey 07001
Phone: (732) 750-3270
Fax: (732) 750-4737
Occupational Safety & Health Administration (OSHA)
Hasbrouck Heights Area Office
500 Route 17 South
2nd Floor
Hasbrouck Heights, NJ 07604
Phone: (201) 288-1700
Fax: (201) 288-7315
Occupational Safety & Health Administration (OSHA)
Marlton Area Office
Marlton Executive Park, Building 2
701 Route 73 South, Suite 120
Marlton, NJ 08053
Phone: (856) 757-5181
Fax: (856) 757-5087
Occupational Safety & Health Administration (OSHA)
Parsippany Area Office
299 Cherry Hill Road, Suite 103
Parsippany, NJ 07054
Phone: (973) 263-1003
Fax: (973) 299-7161
For more information about this agency, see the OSHA section of our page on federal agencies.
Division of Temporary Disability Insurance
P.O. Box 387
Trenton, NJ 08625-0387
Phone: (609) 292-7060
Web Address: http://lwd.dol.state.nj.us/labor/tdi/tdiindex.html
Agency Description/Mission: Under the New Jersey Temporary Disability Benefits Law, cash benefits are payable when you cannot work because of sickness or injury NOT caused by your job. New Jersey is one of only five states which provides compulsory temporary disability insurance for workers.
New Jersey Department of Labor
Division of Unemployment Insurance
P.O. Box 058
Trenton, NJ 08625-0058
Phone: (609) 292-7162
Fax: (609) 633-2884
E-Mail: UI.Information@dol.state.nj.us
Web Address: http://www.nj.gov/labor/ui/uiindex.html
Agency Description/Mission: The Division’s goal is to provide superior customer service while carrying out the critical missions of unemployment insurance: providing temporary partial wage replacement to support workers who lose their job through no fault of their own, enabling employers to maintain attachment to a trained workforce, and stabilizing the economy during cyclical downturns.
Frequently Asked Questions
Apply for Benefits Online
What is Needed to Qualify?
Wage and Hour/Labor Standards – State Agency
New Jersey Department of Labor
Division of Wage and Hour Compliance
P.O. Box 389
Trenton, NJ 08625-0389
Phone: (609) 292-2337
E-Mail: wagehour@dol.state.nj.us
Web Address: http://www.nj.gov/labor/lsse/lsindex.html
For Overnight Mail
New Jersey Department of Labor & Workforce Development
Division of Wage and Hour Compliance
1 John Fitch Plaza, 3rd Floor
Trenton, NJ 08611
Wage & Hour – General Information:
Telephone: (609) 292-2305
Telephone: (609) 292-2337
Fax: (609) 695-1174
Wage Collection
Division of Wage and Hour Compliance
Wage Collection Section
1 John Fitch Plaza – 1st Floor
P.O. Box 389
Trenton, NJ 08625-0389
Telephone: (609) 292-3658
Fax: (609) 984-3005
Agency Description/Mission: The New Jersey Department of Labor, Division of Wage and Hour Compliance, enforces labor laws dealing with conditions of employment and methods and manner of the payment of wages such as the Wage and Hour Law, the Wage Payment Law, the Apparel Industry Registration Act, the Prevailing Wage Act, the Child Labor Law, etc. Through the inspection of employer time and payroll records, the Division of Wage and Hour Compliance ensures compliance with the laws and regulations it administers.
Wage and Hour Compliance FAQs
Wage and Hour Forms
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Northern New Jersey District Office
200 Sheffield Street, Room 102
Mountainside, NJ 07092
Phone: (973) 645-2279
Fax: (973) 645-2573
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Southern New Jersey District Office
3131 Princeton Pike, Building 5, Room 216
Lawrenceville, NJ 08648
Phone: (609) 989-2247
Fax: (609) 989-0457
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies.
New Jersey Department of Labor
Division of Workers’ Compensation
John Fitch Plaza
P. O. Box 381
Trenton, NJ 08625-0381
Phone: (609) 292-2515
Fax: (609) 984-2515
E-Mail: dwc@dol.state.nj.us
Web Address: http://lwd.dol.state.nj.us/labor/wc/wc_index.html
Agency Information/Mission: A partnership among government, industry and labor, the NJ Division of Workers’ Compensation seeks to establish an equitable balance between the needs of injured workers and the needs of employers. With a commitment to the highest standards of professionalism, our mission is to ensure that proper benefits are paid to workers who are injured on the job in addition to enforcing the law requiring employers to obtain insurance coverage for their employees.
For more information about filing a discrimination or harassment claim in New Hampshire, see our page on filing a discrimination complaint: New Hampshire
Discrimination/Harassment – State Agency
New Hampshire Commission for Human Rights
2 Industrial Park Drive
Concord, NH 03301
Telephone: (603) 271-2767
Fax: (603) 271-6339
E-mail: humanrights@nhsa.state.nh.us
Web Address: http://www.nh.gov/hrc/index.html
Agency Description/Mission: The New Hampshire Commission for Human Rights is a state agency established for the purpose of eliminating discrimination in employment, public accommodations and the sale or rental of housing or commercial property, because of age, sex, sexual orientation, race, religious creed, color, marital status, familial status, physical or mental disability or national origin. The commission has the power to receive, investigate and pass upon complaints of illegal discrimination and to engage in research and education designed to promote good will and prevent discrimination.
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Boston Area Office
John F. Kennedy Federal Building
Government Center
4th Floor, Room 475
Boston, MA 02203
Phone: 1-800-669-4000
Fax: 617-565-3196
TTY: 1-800-669-6820
For more information about this agency, see the EEOC section of our page on federal agencies.
Occupational Safety & Health Administration (OSHA)
Concord Area Office
53 Pleasant Street, Room 3901
Concord, New Hampshire 03301
Phone: (603) 225-1629
Fax: (603) 225-1580
For more information about this agency, see the OSHA section of our page on federal agencies.
New Hampshire Employment Security
32 South Main Street
Concord, NH 03301
Phone: (603) 224-3311
Toll-Free: (800) 852-3400
TDD (RELAY NH): (800) 735-2964
E-Mail: webmaster@nhes.state.nh.us
Web Address: http://www.nh.gov/nhes/
State Labor Agency
New Hampshire Department of Labor
Spaulding Building
95 Pleasant Street
Concord, NH 03301
Phone: (603) 271-3176
TTY: (800) 272-4353
E-Mail: http://www.labor.state.nh.us/contact_NHDOL.asp
Web Address: https://www.nh.gov/labor/
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies.
New Hampshire Department of Labor
Workers’ Compensation Division
95 Pleasant Street
Concord, NH 03301
Phone: (603) 271-3176
Toll-Free: (800) 272-4353
Fax: (603) 271-6149
E-Mail: http://www.labor.state.nh.us/contact_NHDOL.asp
Web Address: https://www.nh.gov/labor/workers-comp/
Agency Description/Mission: The Workers’ Compensation Division administers and enforces the provisions of New Hampshire’s Workers’ Compensation Law, R.S.A. 281, including the enforcement of coverage requirements for all employers, the oversight of the level of medical and wage replacement benefits to be paid to injured workers, conduct hearings on contested claims, and monitoring of insurance carriers and claim administrators to ensure the prompt payment of benefits and delivery of services. The Division also certifies private vocational rehabilitation providers and monitors vocational rehabilitation services provided to eligible injured workers.
For more information about filing a discrimination or harassment claim in Nevada, see our page on filing a discrimination complaint: Nevada
Discrimination/Harassment – State Agency
Nevada Equal Rights Commission (NERC)
Equal Rights Commission
Las Vegas
1820 East Sahara Avenue
Suite 314
Las Vegas, NV 89104
Phone (702) 486-7161
Fax (702) 486-7054
Equal Rights Commission
Northern Nevada
1325 Corporate Blvd.
Room 115
Reno, NV 89502
Phone (775) 823-6690
Fax (775) 688-1292
E-Mail: detrnerc@nvdetr.org
Web Address: http://www.detr.state.nv.us/nerc/NERC_index.htm
Agency Description/Mission: The Nevada Equal Rights Commission oversees the state’s equal rights program, handling discrimination complaints relating to race, national origin, color, religion, sex (gender and/or orientation), age (over 40) and disability, when the discrimination is linked to employment or the Americans With Disabilities Act (ADA).
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Los Angeles District Office
Roybal Federal Building
255 East Temple St., 4th Floor
Los Angeles, CA 90012
Phone: 1-800-669-4000
TTY:1-800-669-6820
Fax: 213-894-1118
For more information about this agency, see the EEOC section of our page on federal agencies
Nevada Division of Industrial Relations
Occupational Safety and Health Enforcement Section (OSHES)
Reno State Plan Office
4600 Kietzke Lane, Suite F-153
Reno, NV 89502
Business Hours: 8:00am – 5:00pm PT
(775) 688-3700
(775) 688-1378 FAX
Henderson State Plan Office
1301 N. Green Valley Parkway, Suite 200
Henderson, NV 89074
Business Hours: 8:00am-5:00pm PT
(702) 486-9020
(702) 990-0358 FAX
Las Vegas Area Office
US Department of Labor – OSHA
Alan Bible Federal Building
600 Las Vegas Blvd. South, Suite 750
Las Vegas, NV 89101
(702) 388-6150
(702) 388-6160 FAX
Web Address: https://www.osha.gov/oshdir/nv.html
Nevada Department of Employment, Training and Rehabilitation
Employment Security Division
500 East Third Street
Carson City, NV 89713-0021
Phone (Northern Nevada): (775) 684-0350
(Southern Nevada): (702) 486-0350
(Rural Nevada, Long Distance or Interstate): (888) 890-8211
E-Mail: DETRUI@nvdetr.org
Web Address: http://www.detr.state.nv.us/uiben/uiben_uiben.htm
Internet Claims Web Address: http://www.ui.nvdetr.org/UI_Agreement.html
Wage and Hour/Labor Standards – State Agency
Las Vegas
Office of the Labor Commissioner
555 East Washington Avenue, Suite 4100
Las Vegas, NV 89101
Phone: (702) 486-2650
Fax: (702) 486-2660
Email: mail1@LaborCommissioner.com
Carson City
Office of the Labor Commissioner
1818 East College Parkway, Suite 102
Carson City, NV 89706
Phone: (775) 684-1890
Fax: (775) 687-6404
Email: mail1@LaborCommissioner.com
Web Address: http://labor.nv.gov/
Forms and Publications of the Nevada Labor Commissioner
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies
Nevada Division of Industrial Relations
Section of Industrial Insurance Relations
1301 North Green Valley Parkway
Suite 200
Henderson, NV 89074
Phone: (702) 486-9080
Fax: (702) 990-0364
Web Address: http://dir.nv.gov/WCS/home/
Agency Description/Mission: The Industrial Insurance Regulation Section’s (IIRS) mission is to impartially serve the interests of Nevada Employers and Employees by providing assistance, information, and a fair and consistent regulatory structure by ensuring the timely and accurate delivery of workers’ compensation benefits and ensuring employer compliance with mandatory coverage provisions.
Workers’ Compensation Information Sheet
An Employee’s Guide to Nevada Workers’ Compensation Insurance
For more information about filing a discrimination or harassment claim in Nebraska, see our page on filing a discrimination complaint: Nebraska
Discrimination/Harassment – State Agency
Nebraska Equal Opportunity Commission (NEOC)
Lincoln – Main Office
Nebraska State Office Building
301 Centennial Mall South, 5th Floor
P.O. Box 94934
Lincoln, NE 68509-4934
Phone: (402) 471-2024
Toll Free: (800) 642-6112
Fax: (402) 471-405
Omaha
Downtown Education Center/
State Office Building
1313 Farnam Street, 3rd Floor
Omaha, NE 68102-1836
Phone: (402) 595-2028
Toll Free: (800) 382-7820
Scottsbluff
(Spanish speaker available)
Panhandle State Office Complex
4500 Avenue “I”
P.O. Box 1500
Scottsbluff, NE 69363-1500
Phone: (308) 632-1340
Fax: (308) 632-1341
Web Address: http://www.neoc.ne.gov/
Agency Description/Mission: The Nebraska Equal Opportunity Commission is a neutral administrative agency created by statute in 1965 to enforce the public policy of the state against discrimination. The principal function of the NEOC is to receive, investigate and pass upon charges of unlawful discrimination occurring anywhere within the State of Nebraska in the areas of Employment, Housing, and Public Accommodations.
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Denver District Office
303 E. 17th Avenue
Suite 510
Denver, CO 80203
Phone: (303) 866-1300
TTY: (303) 866-1950
For more information about this agency, see the EEOC section of our page on federal agencies
Occupational Safety & Health Administration (OSHA)
Omaha Area Office
Lake Regency Office Building
444 Regency Parkway Drive, Suite 303
Omaha, Nebraska 68114
(402) 553-0171
(402) 551-1288 FAX
Toll Free (Nebraska Residents Only): 1-800-642-8963
Voice Mail: (402) 553-0174
For more information about this agency, see the OSHA section of our page on federal agencies
Nebraska Department of Labor
Unemployment Insurance Program
Lincoln Claims Center
P. O. Box 95200
Lincoln, NE 68501-5200
Phone (General Information): (402) 458-2500, Option 5
Fax: (402) 458-2595
Omaha Claims Center
P. O. Box 642330
Omaha, NE 68164-8330
Phone (General Information): (402) 829-2800, Option 5
Fax: (402) 829-2895
Web Address: https://uibenefits.nwd.ne.gov/BPSWeb/jsp/BPSClaimantWelcome.jsp
Agency Description/Mission: The Unemployment Insurance Program is intended to provide economic protection for qualified workers through those periods when they are between jobs, and provide employers assistance in retaining a skilled locally available workforce during periods of economic slowdown. The benefits paid to insured workers equals dollars paid back into Nebraska communities, thus the Unemployment Insurance Program serves as an economic foundation for workers and communities alike.
Wage and Hour/Labor Standards – State Agency
Nebraska Department of Labor
500 South 16th Street P.O. Box 94600
Lincoln, NE 68509
Phone: (402) 471-2239
Division of Safety and Labor Standards
State Office Building
5404 Cedar St., 3rd Floor
Omaha, NE 68106-2365
Phone: (402) 595-3095
301 Centennial Mall South, LL
P.O. Box 95024
Lincoln, NE 68509-5024
Phone: (402) 471-2239
Web Address: http://www.dol.nebraska.gov/
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Omaha Area Office
111 South 18th Plaza, Suite 2238
Omaha, NE 68102-1615
Phone: (402) 221-4682
Fax: (402) 221-3719
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies
Nebraska Workers’ Compensation Court
Capitol Building
P. O. Box 98908
Lincoln, NE 68509-8908
Phone: (402) 471-6468
Toll-Free: (800) 599-5155
Fax: (402) 471-2700 (525 Bldg., Lincoln)
(402) 471-8231 (State Capitol Bldg., Lincoln)
(402) 595-1299 (Hall of Justice, Omaha)
Web Address: http://www.wcc.ne.gov/
Agency Description/Mission: The mission of the Nebraska Workers’ Compensation Court is to administer and enforce all provisions of the Nebraska Workers’ Compensation Act, except those provisions that are committed to the courts of appellate jurisdiction.
For more information about filing a discrimination or harassment claim in Montana, see our page on filing a discrimination complaint: Montana
Discrimination/Harassment – State Agency
Montana Department of Labor and Industry
Human Rights Commission (HRC)
1625 11th Avenue
Second Floor
Helena, MT 59601
Phone: (406) 444-2884
Web Address: http://erd.dli.mt.gov/human-rights
Agency Description/Mission: The Montana Department of Labor and Industry is the state agency which enforces Montana’s discrimination laws. The Human Rights Bureau of the Department receives and investigates complaints of discrimination. The Hearings Bureau of the Department conducts hearings in discrimination cases. The Montana Human Rights Commission hears appeals of decisions by the hearings examiner and decisions of the Human Rights Bureau to dismiss cases.
Occupational Safety & Health Administration (OSHA)
Billings Area Office
2900 4th Avenue North, Suite 303
Billings, MT 59101
Phone: (406) 247-7494
Fax: (406) 247-7499
Toll-Free: (800) 488-7087
For more information about this agency, see the OSHA section of our page on federal agencies
Montana Department of Labor and Industry
Unemployment Insurance Division
Billings Telephone Center
Phone: (406) 247-1000
TDD: (406) 444-0532
Fax: (406) 444-2699
Helena Telephone Center
Phone: (406) 444-2545
TDD: (406) 444-0532
Fax: (406) 444-2699
Interactive Voice Response System
Toll-Free: (800) 207-0667
Web Address: http://uid.dli.mt.gov/
Agency Description/Mission: The Unemployment Insurance program provides short-term economic assistance to eligible workers from the Montana Unemployment Insurance Trust Fund financed by employers. The Unemployment Insurance system is designed to help stabilize the economy by preventing a sharp drop in consumer spending during periods of unemployment.
Wage and Hour/Labor Standards – State Agency
Montana Department of Labor and Industry
Labor Standards Bureau
1805 Prospect Avenue
P.O. Box 201503
Helena, MT 59620-1503
Phone: (406) 444-5600
You can call the Labor Standards Bureau’s Wage and Hour Unit at (406) 444-5600
Web Address:http://erd.dli.mt.gov/labor-standards/wage-and-hour-payment-act
Agency Description/Mission: The Wage and Hour Unit enforces provisions of the Montana Wage Payment Act, minimum wage and overtime law and the State Child Labor Standards Act. As part of its function the unit processes claims from employees who did not receive wages in a timely fashion or pursuant to their employment contract. The claims can be for such items as minimum wage, overtime, vacation pay, commissions, earned bonuses, etc. The unit also provides assistance to the public by answering labor related phone inquiries and by providing presentations informing employers and employees of their rights and responsibilities under Montana law.
Filing a Wage Claim, Instructions & Form
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Salt Lake City District Office
Eagle Gate Plaza & Tower
60 E. South Temple Street
Suite 575
Salt Lake City, UT 84111-1016
Phone: (801) 524-5706
Fax: (801) 524-5722
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies
Montana Department of Labor and Industry
Employment Relations Division
Workers’ Compensation Claims Assistance Bureau
1805 Prospect Avenue
P. O. Box 8011
Helena, MT 59604-8011
Phone: (406) 444-6543
Toll-Free: (800) 772-2141
Web Address: http://erd.dli.mt.gov/work-comp-regulations
For more information about filing a discrimination or harassment claim in Missouri, see our page on filing a discrimination complaint: Missouri
Discrimination/Harassment – State Agency
Missouri Commission on Human Rights (MCHR)
Jefferson City – Main Office
P.O. Box 1129
3315 West Truman Boulevard
Jefferson City, MO 65102-1129
Phone: (573) 751-3325
Fax: (573) 751-2905
TDD: (573) 526-5091
Kansas City
4049 Pennsylvania Avenue, Suite 150
Kansas City, MO 64111
Phone: (816) 889-5100
Fax: (816) 889-5107
TDD: (816) 889-5106
Sikeston
108 West Center
Sikeston, MO 63801-3040
Phone: (573) 472-5320
Fax: (573) 472-5321
TDD: (573) 472-5223
St. Louis
505 Washington
St. Louis, MO 63101
Phone: (314) 340-7590
Fax: (314) 340-7238
TDD: (314) 340-7803
Toll-free Discrimination Complaint Hotline (messages checked weekly): (877) 781-4236
Relay Missouri:
Voice: (800) 735-2466
TDD: (800) 735-2966
Web Address: http://labor.mo.gov/mohumanrights
Agency Description/Mission: The 11-member Commission provides equitable and timely resolutions of discrimination claims through enforcement of the Missouri Human Rights Act. It develops, recommends and implements ways to prevent and eliminate discrimination in the workplace, public accommodations and housing. Discrimination can be based on race, color, religion, national origin, ancestry, sex, physical/mental disability, age and familial status.
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Kansas City Area Office
Gateway Tower II
400 State Ave., Suite 905
Kansas City, KS 66101
Phone: (913) 551-5655
TTY: (913) 551-5657
Equal Employment Opportunity Commission (EEOC)
St. Louis District OfficeGateway Tower ll
4000 State Ave.
Suite 905
Kansas City, KS 61101
Phone: 1-800-669-4000
TTY: 1-800-669-6820
For more information about this agency, see the EEOC section of our page on federal agencies
Occupational Safety & Health Administration (OSHA)
Kansas City Area Office
Two Pershing Square
2300 Main Street, Suite 168
Kansas City, Missouri 64120-2416
Phone: (816) 483-9531
Fax: (816) 483-9724
Toll Free (Missouri Residents Only): 1-800-892-2674
Voice Mail: (816) 483-9542
St. Louis Area Office
Robert A. Young Federal Building
1222 Spruce Street, Room 9.104
St. Louis, Missouri 63103
Phone:(314) 425-4249
Voice Mail: (314) 425-4255
Fax: (314) 425-4289
Toll Free (Missouri Residents Only): 1-800-392-7743
Voice Mail: (314) 425-4255
Missouri Department of Labor and Industrial Relations
Division of Employment Security
421 East Dunklin St.
PO Box 59
Jefferson City, MO 65104-0059
Phone:573-751-9040
Fax: (573) 751-4945
Information: (573) 751-3215
E-Mail: esuiclaims@labor.mo.gov
Web Address: http://www.labor.mo.gov/DES/
Wage and Hour/Labor Standards – State Agency
Missouri Department of Labor and Industrial Relations
Division of Labor Standards
3315 West Truman Boulevard, Room 205
P.O. Box 449
Jefferson City, MO 65102-0449
Phone: (573) 751-3403
Fax: (573) 751-3721
Toll-Free: (800) 475-2130
E-Mail: LaborStandards@dolir.state.mo.us
Web Address: http://labor.mo.gov/dls
Agency Description/Mission: The Missouri Division of Labor Standards provides information about workplace issues, and enforces certain labor laws within the state. The Division can help provide information about worker safety and health, mine safety, complying with laws about child labor, prevailing wage, minimum wage, overtime and dismissal rights, as well as many other general workplace issues.
Frequently Asked Wage & Hour Questions
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
St. Louis District Office (Eastern Half)
1222 Spruce Street
Room 9.102B
St. Louis, MO 63103-2830
Phone: (314) 539-2706
Fax: (314) 539-2723
Kansas City (KS) District Office (Western Half)
Gateway Tower II
350 State Avenue
Suite 1010
Kansas City, KS 66101
Phone: (913) 551-5721
Fax: (913) 551-5730
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies
Missouri Department of Labor and Industrial Relations
Division of Workers’ Compensation
3315 West Truman Boulevard, Room 131
PO Box 58
Jefferson City 65102-0058
Telephone: (573) 751-4231
Toll-Free Employee Hotline: (800) 775-2667
Fax: (573) 751-2012
E-Mail: Workerscomp@dolir.state.mo.us
Web Address: http://labor.mo.gov/DWC/
Agency Description/Mission: The Division of Workers’ Compensation works with employers and employees regarding workplace injuries and illnesses. Many Missouri employers are required by law to carry workers’ compensation insurance for employees. Workers’ compensation insurance provides financial assistance to workers injured on the job. The Division helps ensure that those injured workers receive appropriate medical treatment and payment of compensation for lost wages.
Frequently Asked Questions for Employees
For more information about filing a discrimination or harassment claim in Mississippi, see our page on filing a discrimination complaint: Mississippi
Discrimination/Harassment – State Agency
Mississippi has no state agency that enforces antidiscrimination laws; see the local EEOC office(s) below.
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Jackson Area Office
Dr. A.H. McCoy Federal Building
100 West Capitol Street, Suite 207
Jackson, MS 39269
Phone:1-800-669-4000
Fax: 1-800-669-4000
TTY: 1-800-669-682
For more information about this agency, see the EEOC section of our page on federal agencies.
Occupational Safety & Health Administration (OSHA)
Jackson Area Office
Dr. A.H. McCoy Federal Bldg.
U.S. Department of Labor/OSHA
100 West Capitol Street
Suite 749
Jackson, MS 39269-1620
Phone: (601)965-4606
Fax: (601)965-4610
For more information about this agency, see the OSHA section of our page on federal agencies.
Mississippi Employment Security Commission
Office of the Governor
1235 Echelon Parkway
P.O. Box 39215-1699
Jackson, MS 39215-1699
Phone: (601) 354-8711
Web Address: http://www.mdes.ms.gov/wps/portal
Wage and Hour/Labor Standards – State Agency
Mississippi has no state agency that enforces wage and hour laws; see the local DOL office(s) below.
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Gulf Coast District Office
The Forum Building, Suite 605
950 22nd Street North
Birmingham, AL 35203-3711
Phone: (205) 536-8570
Toll free: 1-866-4-USWAGE (1-866-487-9243)
Mobile Alabama Area Office
1141 Montlimar Drive
Paramont Center Building
Suite 1008
Mobile, AL 36609
Phone: (251) 441-5311
Toll Free: 1-866-4-USWAGE (1-866-487-9243)
Montgomery Area Office
4001 Carmichael Road,
Suite 215
Montgomery, AL 36106-3603
Phone: (334) 223-7450
Toll Free: 1-866-4-USWAGE (1-866-487-9243)
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies
Mississippi Workers’ Compensation Commission
1428 Lakeland Drive
P. O. Box 5300
Jackson, MS 39296-5300
Phone: (601) 987-4200
Web Address: http://www.mwcc.state.ms.us
Last week, Joe Biden became the first sitting U.S. president to join a picket line when he visited striking United Auto Workers (UAW) members outside a GM parts facility in Belleville, Michigan.
“You guys, UAW, you saved the automobile industry back in 2008 and before. You made a lot of sacrifices, gave up a lot when the companies were in trouble,” the president said to picketing workers. “But now they’re doing incredibly well, and guess what? You should be doing incredibly well too.”
The president has voiced support for the UAW’s strike at the Big Three automakers since it began on September 15. But after former President Donald Trump announced plans to hold a campaign rally at a non-union auto parts plant near Detroit — which the media grossly mischaracterized as “Trump standing with striking autoworkers” — Biden was pushed by fellow Democrats to visit a UAW picket line.
As a candidate in 2019, Biden joined workers on picket lines, including striking GM employees. Candidate Bill Clinton also walked a picket line in 1992, as did candidate Barack Obama in 2007. But no president has ever joined a picket line while in office until today.
On the campaign trail, Obama promised workers that, if elected, he would “put on a comfortable pair of shoes” and “walk on that picket line with you as President of the United States of America” — a promise he never fulfilled. As Obama’s vice president, Biden rebuffed a request from Wisconsin labor leaders in 2011 to join their massive protest against Republican Gov. Scott Walker’s push to curtail public sector union rights.
Biden’s UAW picket line visit reflects the fact that the strike by union workers is so popular that the leader of the most pro-capitalist country on Earth believed being seen standing alongside them was politically advantageous.
“This is absolutely unprecedented. No president has ever walked a picket line before,” labor historian Erik Loomis told the Associated Press.
Labor historian Nelson Lichtenstein similarly told the Guardian, “This is genuinely new — I don’t think it’s ever happened before, a president on a picket line.”
Presidents and picket lines
Almost three years into his term, much ink has been spilled debating whether Biden is living up to his promise to be the “most pro-union president leading the most pro-union administration in American history,” and today’s event will undoubtedly further fuel that discussion.
But what often goes unmentioned is what a low bar it is to earn the distinction of most pro-union president in U.S. history. Far from joining picket lines, most presidents have firmly sided with bosses, if they weren’t bosses themselves.
This is a segment of a blog that originally appeared in full at In These Times on September 26, 2023. Republished with permission.
About the Author: Jeff Schuhrke is a labor historian, educator, journalist and union activist who teaches at the Harry Van Arsdale Jr. School of Labor Studies, SUNY Empire State University in New York City. He has been an In These Times contributor since 2013. Follow him on Twitter @JeffSchuhrke.
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The death of UPS driver Chris Begley, 57, who collapsed in August while making a delivery in 103-degree Texas heat, was no isolated incident.
Monitoring co-workers for signs of heat exhaustion has become a routine feature of the job, says fellow driver Seth Pacic, a shop steward in Begley’s union, Teamsters Local 767.
Pacic has learned to discern over the phone when a co-worker needs to find air conditioning ASAP—and when they’re deteriorating so badly that he should call paramedics and brave management’s wrath.
The problem is that managers are always trying to speed workers up, reluctant to call an ambulance because they report those numbers to higher-up management.
When a supervisor reached Begley, they offered him medical attention—but he refused it, so they took him home. “Therein lies one of the biggest problems: these supervisors aren’t trained in what to do about heat,” Pacic said.
“You can’t trust people when they say they’re ok. Because of the nature of heat exhaustion, your mental acuity is first thing to go. You get really foggy-minded.
“People get single-minded on trying to get home and get into the AC; they almost get fixated. That can be really dangerous if they push through, trying to get done with their day—or a supervisor pushes them.”
Four days after Begley’s collapse, he took a turn for the worse. He was taken to a hospital and life-flighted to another, where he died of massive organ failure.
Pacic wonders if IV fluids right away could have saved Begley’s life. Pacic himself has overheated on the job three times, and says his recovery took two days when he got IV fluids—versus two weeks when he didn’t.
Last year management allowed another driver, Pacic’s friend, to drive himself home despite heatstroke so bad he was vomiting; he totaled his car and sustained a brain injury. Another UPS driver was already in the same ICU.
Pacic believes air conditioning in the delivery truck would have saved his friend. When you overheat you’re supposed to seek out a “cool zone,” like an air-conditioned library or McDonald’s. But those are few and far between in sprawling residential areas.
AC in the truck would mean “a rolling cool zone that follows you wherever you go.”
The year before that, a 23-year-old driver died outside a Waco facility after overheating and wandering in circles. He had never clocked out, but rather than go look for him, management apparently falsified his timecard to close out the shift. His worried mother eventually came looking.
After great fanfare and consulting with Gatorade and Nike, earlier this year UPS issued everyone cooling sleeves and hats.
But this summer the union finally won air conditioning in UPS delivery trucks—part of the contract deal reached a few weeks before Begley’s death.
UPS had saved only $185 per truck by declining to have it installed when it bought the vehicles in the first place, More Perfect Union reported. (A bigger cost over time is the fuel used running the AC.)
All new trucks will have AC; over the next five years that will be one-third of the delivery fleet. The hottest areas get priority for these new trucks—presumably including Texas, Southern California, and Arizona, where UPS heatstroke has made headlines.
Existing trucks will be retrofitted with fans, heat shields, and induction vents.
Pacic feels conflicted about this outcome. “I never expected them to negotiate AC at all,” he says. But a slow phase-in strikes him as a decision to let drivers keep dying for years to come.
His sense of what’s possible in bargaining has risen dramatically; five years ago, he supported a contract that contained not only no AC, but also a notorious concession to two-tier. Since then, like many other Teamsters, Pacic has gained confidence in the union’s reform movement and gotten involved in helping to build it, joining Teamsters for a Democratic Union.
If his attitude speaks for many, then the Teamster rank and file could be poised to enter a long-overdue phase: focusing on improving the actual, miserable conditions of work. And in the near term, with the contract settled, those struggles will play out on the shop floor.
These gruesome problems aren’t unique to UPS, unfortunately. Climate change is intensifying the heat hazards on many jobs, with Amazon and the Postal Service among the serious offenders.
Dallas letter carrier Eugene Gates, 66, collapsed on his walking route in June and died, after being disciplined for stopping too often to rest.
And another Teamster died on the job, of overheating, the same week as Begley: Tony Rufus, 48, in a Kroger grocery warehouse in Memphis.
Grocery warehouses do have an air conditioned section, where the produce (unlike workers) is carefully kept cool. But Rufus worked in the salvage dock, where trailers are unloaded; it’s like working in a tin can, a union leader told local news. Workers estimated the temperature in salvage that day was at least 108, 10 degrees hotter than outdoors.
Rufus’s union, Local 667, had been asking management for more breaks to go cool off in the produce section. Two 15s and a 30 aren’t enough when it’s that hot, and the workers are under speed-up pressure.
But the key is to stop asking management, says Los Angeles Kroger Teamster Frank Halstead, and start telling them. Workers in his warehouse have built a culture of collective safety—where if someone needs a cooling break, they take it, and the others will have their back.
“We keep an eye on everybody, try to make sure everyone’s hydrated,” he said. “I really don’t give a f— what the company says we can or cannot do. If someone shows signs of heat exhaustion, we’re stopping. Let the company try to discipline us afterwards.
“Because of that we don’t have an issue. Management does not push back on us, because they just know it’s not gonna happen. We have to keep each other safe; we can’t rely on management.”
This blog originally appeared at Labor Notes on September 20, 2023. Republished with permission.
About the Author: Alexandra Bradbury is the editor of Labor Notes. Contact her by emailing al@labornotes.org.
]]>Workers across the U.S. are refusing to clock in unless their demands for fair wages, working conditions, and benefits are met.
Autoworkers, film writers, actors, hospitality workers, transport workers, baristas, and employees in a myriad of other industries are calling for employers to recognize their worth and to reflect that recognition with more than a minimal paycheck and a pat on the back.
The timing of these strikes is not coincidental. Workers, pressed by economic hardships, are using their newly-gained leverage over employers as union approval increases, unemployment decreases, and expectations for remote options rise.
Financial Needs
Inflation climbs, as wages lag years behind what they should be to address it. Employers often only pay workers what they can get away with. College graduates and industry professionals commonly make less than enough to repay their degrees and training, let alone to live and thrive.
The Federal minimum wage is low — $7.25 since 2009. California boasts the highest state minimum wage at $15.50 per hour, but even this does not meet the $19.41 living wage for an individual residing there. Other states are working to raise their minimum wage. See workplacefairness.org for minimum wage information.
Because of the disparity in what they make compared to their worth, many workers are engaging in “quiet quitting,” refusing to put in effort beyond what is required of them on the job.
New Leverage
Workers now have several advantages over their bosses. A Gallup poll demonstrates that 71% of Americans approve of labor unions, the highest rate since 1965. This complicates union-busting efforts and increases union membership, enabling workers to band together and put on a united front.
Although unemployment remains a concern, it is relatively low compared to recent years. The U.S. unemployment rate was 3.8% in August, compared to the skyscraping 14.7% in April of 2020 in the midst of the coronavirus pandemic.
Additionally, workers’ expectations are changing. There is now less tolerance for having to commute to a physical office for tasks that can be performed from home. A whopping 98% of workers prefer to work remotely at some of the time, according to Forbes. Wanting a work-life balance, an impressive 87% of workers are interested in migrating to a 4-day work week.
Because of the sheer number of strikes ongoing, it is impractical to list them all. Cornell University has a Labor Action Tracker, which — as of writing this — displays 965 labor actions in 1,487 U.S. locations. Multiple strikes are garnering media attention:
About 150,000 union members began a walkout on September 15 from the three largest U.S. automakers, Ford, General Motors, and Stellanis (the “Big Three”). UAW has high demands, wanting pay raises that would amount to about a 40% increase over the next four years — the same rate the automaker CEOs have gotten. The automakers offered to raise pay by 20% within four years instead, but the union vehemently declined. Although the union is in talks with the automakers, no agreement has been reached yet. There is no end in sight to the UAW strike, which could rival some of the largest strikes in recent history.
● Hollywood Writers and Actors
Hollywood production went stagnant when 11,500 members of the Writers Guild of America (WGA) — film and TV screenwriters — began striking nearly 5 months ago on May 2. On July 14, 160,000 actors joined the strike as members of the Screen Actors Guild and American Federation of Television and Radio Artists (SAG-AFTRA).
The WGA is demanding that the Alliance of Motion Picture and Television Producers (AMPTP) increase their compensation, given the higher profits studios are earning from streaming. Other demands include being paid for writing revisions and requiring studios to hire more staff.
The WGA and the AMPTP reached an agreement to end the strike on September 27. In a new contract that WGA members will vote on by October 9, writers gain protections related to AI and a new pay structure based on streaming services.
Members of the Unite Here Local 11 union, some 15,000 employees for Los Angeles hotels have been striking since July 1. The members voted to authorize the strike when the unions’ contract with hotels expired. The hospitality workers have engaged in walkouts, marches, picketing, and more. The union is demanding pay raises and a housing fund for hospitality workers that would go toward building affordable homes.
Near-Term Solutions
There is a solution that would appease workers enough to end the strikes: give them what they want. A few model companies have done just that. UPS, for example, came to a deal with the Teamsters union to prevent a planned strike. The union accepted the deal, which provided for significant pay raises, with overwhelming support.
However, many companies do not take this route. They are more likely to experience lengthy strikes, and they risk losing employees who opt to work elsewhere. Employees will have higher incentives to join unions – even in states with right-to-work laws that complicate them.
The Future of Unions
As unions gain approval, their membership numbers and their influence in many industries will likely increase. If so, workers may manage to use collective bargaining to encourage worker-friendly legislation and workplace policies nationwide.
In the meantime, employers nationwide should look to the strikes as a lesson and take heed to provide workers with the fair pay, benefits, and conditions that they earn every day that they come into work.
This blog was published directly to Workplace Fairness. Learn more about unions here, and listen to The Worker Experience podcasts.
About the Author: Madeline Messa is a 3L at Syracuse University College of Law, who majored in journalism at Penn State. She is the legal communications coordinator and a content creator for Workplace Fairness.
]]>The vast majority of cases settle before going to trial. Settling avoids adding more legal fees to your case and the uncertainty of a trial, and allows you to move on with your life. However, before deciding to settle you should make sure it’s right for you and you should know your rights. To learn more about settlements and your rights related to them, read below.
In the context of an employment-related matter, it means to end a dispute with your former, current or prospective employer (referred to as “employer”). Usually this means you receive some form of “consideration” — money, non-cash benefits and occasionally an agreement to reinstate you or offer you a promotion. In exchange for this consideration, you waive, or give up the right to sue your employer, or if you have filed a lawsuit you agree to dismiss your claims.
A “release” is language contained in a document such as a separation agreement or a settlement agreement stating that you release your employer from all actual and potential legal claims in exchange for consideration.
Yes. You may not have any legal claims against your employer, or have not thought about suing the company or organization. However, your employer wants to make sure that you don’t sue it in the future. Your separation agreement is a type of settlement, in effect. You waive your right to sue your employer in exchange for the severance payments.
You need to consider the particular circumstances of your situation, including whether you believe your employer has acted unlawfully. Even then, you need to examine whether the amount of money offered in exchange for your release makes your legal claims worth giving up.
You may want to seek a professional opinion from an attorney before signing the agreement – particularly if you are uncomfortable doing so. This is also good advice, if you are thinking about rejecting the substantial amount of money being offered to you. In either scenario, an attorney can help analyze whether you have any legal claims and whether those claims merit rejecting the money being offered.
You waive only claims which have occurred up through the date you sign either a separation agreement or settlement agreement. You can still bring a lawsuit concerning any conduct or actions which your employer takes against you after that date.
No. You can propose settlement to the other side at any point in an adversarial proceeding (such as a lawsuit or administrative hearing). However, depending on what is being offered as “severance,” it still may be the best option for you to settle now, rather than later. You should seriously evaluate any meaningful offer.
There are many reasons: First, even if you have no claim against your employer, that employer still wants the security of knowing that won’t file claims against them in the future. Where your claims are strong, your employer may well want to minimize the risk of you going forward with a lawsuit.
No. Mediation is a voluntary process. You do not waive any legal rights by agreeing to try to mediate your claims – unless you settle through this process and reduce the agreement to writing. In mediation, both parties agree to explore settlement through a third party trained in facilitating resolution of conflicts. For more information, see our site’s page on Mediation. Keep in mind that many disputes are settled in mediation. In mediation, the parties can use creative solutions to resolve your conflict, including solutions which a court has no power to order.
No. You should not shy away from exploring settlement through mediation or otherwise because you fear you will look weak to the other side. Rather, settlement discussions demonstrate that you want to make a smart business and/or life decision by evaluating an early settlement offer. Settlement discussions don’t mean you concede your claims.
Your former employer may also want to resolve the case now, rather than later. It takes valuable time and often money for an employer to litigate a case in court – even if the company ultimately prevails. For some employers avoiding publicity may also be an incentive to settle early on.
Getting your day in court can be important part of a lawsuit. It allows you to feel heard and empowered – but that’s assuming the case proceeds as planned. Judges rule the courtroom. They control most of what evidence (good and bad for your case) the jury hears. Juries are made up of human beings who have their own views and biases. Going to trial is usually a high-risk situation because it has so many unpredictable factors which neither you nor your attorney can control. Justice does not always prevail.
One way to assess an offer is to determine what the optimal value is of your case. You may be surprised to learn that, under the best-case scenario, the value is not nearly as high as you think. See our site’s page on Valuing Your Case. After realistically valuing your case, you should then discount that amount by some of the factors which can lessen its value. These include:
An offer of judgment is a procedure (based on rules which govern lawsuits filed in court) where the other side proposes in writing an offer to have a judgment (or order to pay a specific sum of money) entered into the court docket (or record). If you accept this offer, it is entered. You can enforce this judgment just as if you won a trial and the court ordered an award in your favor.
You need to evaluate any offer of judgment as you would a settlement at any point in your case: weigh the risks and possible gains of going forward against the offer. Rejecting an offer of judgment, however, has one additional risk: If you reject an offer of judgment and win your case at trial you can be penalized if the amount of damages awarded by a jury or judge is less than the amount of the offer of judgment. In that situation, you will not be allowed to seek payment of your attorney’s fees accrued after the date you reject the offer of judgment.
Under most civil rights laws and anti-discrimination statutes, if you prevail in your lawsuit you will be awarded reasonable attorneys’ fees and costs payable by the other side. (See our site’s page on attorneys fees for additional information.) Depending on your own fee arrangement with your lawyer, this may significantly impact your recovery. When you reject an offer of judgment and do not obtain a greater award than the offer at trial, you will not be able to request payment by defendant(s) of your attorneys’ fees for any of his or her time spent after that rejection. Because of this potential penalty, you need to discuss the pros and cons of accepting or rejecting an offer of judgment with counsel. This is a serious legal decision which cannot be summarized adequately on this website. You must weigh the pros and cons of this decision with your lawyer.
No, as long as the lawsuit you bring is not “frivolous” (without any legal basis). To help protect you against filing a frivolous lawsuit, choose a lawyer who is experienced in employment law. Also, always read the complaint, which is the document in which you present the factual basis for your claims, and which once filed begins the lawsuit. It is ultimately your responsibility to ensure that the facts in the case are correct.
This depends on the terms of the retainer agreement you entered into with your lawyer. These arrangements typically include contingency and modified contingency arrangements as well as payment of attorneys’ fees on an hourly basis. See our site’s page on attorneys’ fees for additional information.
In any of these retainer arrangements, your attorney will be entitled to deduct their fees from your settlement. In contingency and modified contingency arrangements, these fees will amount to a percentage of the award. Where you have agreed to pay your attorney on an hourly basis, you will owe your attorney the balance of fees billed.
The division of a settlement award between you and your lawyer should be spelled out in a written retainer agreement. To avoid any misunderstandings about what the written retainer says, always make sure you carefully read the provisions pertaining to attorneys’ fees. If you don’t understand what is written, make sure to ask your attorney to explain it to you before signing this document. See our site’s page on attorneys’ fees for additional information.
Any sum of money in a settlement allocated separately as payment of “attorneys’ fees” should be credited against the fees you owe your attorney. How that is done depends on the type of retainer agreement you have with your lawyer. See our site’s page on attorneys’ fees for additional information.
No. The “net” amount after you pay your attorney is gross “income” to you. Money received as a settlement of an employment-related lawsuit is usually designated in one of two ways; as lost wages, or as compensation for emotional distress resulting from the conduct of your former employer. Under the law, money attributed to either category is taxable. You need to discuss with your attorney how to structure the settlement and how the money will be allocated. See our site’s page on taxation for further information.
Your friend’s personal injury settlement predictably was tax free because the money he received was attributable to the pain and suffering he experienced as a result of a physical injury. In employment cases, most of the time, emotional injuries stem from non-physical acts taken by the employer or an employee against you. Money received on account of such suffering is taxable, although most likely not as wages, and thus not subject to Social Security taxes.
All damages received in lieu of past or present income are taxable as wages. See our site’s page on taxation for further information.
Virtually all contingency and modified contingency arrangements provide that your attorney receives his or her percentage from the gross settlement sum. Just like you, the money to your counsel is not net income. Your attorney or his/her law firm will have to pay taxes on the amount received in attorneys fees.
You need to consult an accountant or tax lawyer about this question. Most attorneys who represent plaintiffs in employment-related cases do not have the training to advise you about tax matters. You should be aware, however, that any sizeable award can impact your income tax situation significantly.
It is usually a good idea to consult with a tax advisor before making the decision to settle. Your attorney may be able to negotiate how the money is allocated and the timing of payments made – but it is ultimately your pocketbook the IRS will go after. See our site’s page on taxation for further information.
Yes. Ultimately, it is your decision whether to settle your case. However, you did hire a lawyer to represent you. You need to discuss the offer with your attorney and listen with an open mind to his or her explanation of the risks and the cost/benefit of going forward versus accepting what’s on the table. Ask lots of questions. Once you understand more about your case and the way the law works you may find that your attorney, if he or she is pressuring you at all, is doing so in your best interest.
First, resist the temptation to assume your lawyer is selling you down the river by encouraging you to settle. Your attorney is almost always on your side. Even if you doubt the sincerity of your counsel to champion your cause, keep in mind that in most cases, your attorney stands to gain financially if you either continue the case (when you pay hourly) or if your offer increases (in a contingency case). So, there is no incentive to undercut the value of your case.
Second, speak candidly to your lawyer. Ask pointed questions about why the attorney does not want to continue if you refuse the current settlement proposal. Evaluate with your attorney how realistic your expectations are about settlement. Make sure your attorney explains what your case is worth. This will put some perspective on what you perceive as your attorney’s “ultimatum.”
Don’t forget to examine your own motives for turning down a settlement offer. Are you seeking a form of “justice” which is not likely to happen? Are you afraid of closure – don’t want to stop fighting with your employer? Are you seeking revenge, rather than making a smart business/life style decision? These questions can help you assess whether your attorney is making an unreasonable demand of you, or you are not seeing the case clearly, and the offer pending for what it is worth.
The decision whether to accept a settlement is always yours to make. A lawyer cannot compel you to reject a settlement offer. There are many reasons to settle a case for less than what your attorney thinks (best case scenario) it may be worth:
You should always consider what is best for you and your family – sometimes money isn’t the only thing that matters: resolution is.
Yes, if you want the money. Most if not all private employers will request that you keep the amount of the settlement confidential. Some employers will also require that you keep the facts surrounding the lawsuit and negotiations leading up to the settlement confidential. Public employers usually cannot require such a provision. Keep in mind when evaluating an offer of judgment that an entry of judgment in the court records is a public record.
You take the risk of being sued for breach of this provision of the settlement agreement. Some employers put a forfeiture or penalty provision in the agreement providing that you will have to pay back some or the entire settlement amount if you breach confidentiality. Almost all employers put in some type of penalty provision to ensure you don’t talk to anyone outside of a very limited group specifically exempt from confidentiality.
Technically, yes. To avoid this problem, you need to inform and/or remind your attorney of your living situation. Most employers will permit you to discuss your case and settlement with individuals you live with or other people in your life with whom you have an intimate relationship.
There is no formula to finding an attorney who fits this bill, but choosing one who can communicate well with you – by both listening and answering questions – should be at the top of your list. Deciding whether to settle your case can be challenging, frustrating and anxiety provoking. You should be able to process the pros and cons of any proposed settlement with your attorney in a manner which is both respectful of your feelings and impressions but also in which your attorney can disagree with you without your feeling betrayed. This can usually be accomplished when the relationship with your attorney is premised on trust. So when consulting or interviewing an attorney, look for someone who you believe you can rely upon to follow their advice.
In the context of an employment-related matter, it means to end a dispute with your former, current or prospective employer (referred to as “employer”). Usually this means you receive some form of “consideration” — money, non-cash benefits and occasionally an agreement to reinstate you or offer you a promotion. In exchange for this consideration, you waive, or give up the right to sue your employer, or if you have filed a lawsuit you agree to dismiss your claims.
A “release” is language contained in a document such as a separation agreement or a settlement agreement stating that you release your employer from all actual and potential legal claims in exchange for consideration.
Yes. You may not have any legal claims against your employer, or have not thought about suing the company or organization. However, your employer wants to make sure that you don’t sue it in the future. Your separation agreement is a type of settlement, in effect. You waive your right to sue your employer in exchange for the severance payments.
You need to consider the particular circumstances of your situation, including whether you believe your employer has acted unlawfully. Even then, you need to examine whether the amount of money offered in exchange for your release makes your legal claims worth giving up.
You may want to seek a professional opinion from an attorney before signing the agreement – particularly if you are uncomfortable doing so. This is also good advice, if you are thinking about rejecting the substantial amount of money being offered to you. In either scenario, an attorney can help analyze whether you have any legal claims and whether those claims merit rejecting the money being offered.
You waive only claims which have occurred up through the date you sign either a separation agreement or settlement agreement. You can still bring a lawsuit concerning any conduct or actions which your employer takes against you after that date.
No. You can propose settlement to the other side at any point in an adversarial proceeding (such as a lawsuit or administrative hearing). However, depending on what is being offered as “severance,” it still may be the best option for you to settle now, rather than later. You should seriously evaluate any meaningful offer.
There are many reasons: First, even if you have no claim against your employer, that employer still wants the security of knowing that won’t file claims against them in the future. Where your claims are strong, your employer may well want to minimize the risk of you going forward with a lawsuit.
No. Mediation is a voluntary process. You do not waive any legal rights by agreeing to try to mediate your claims – unless you settle through this process and reduce the agreement to writing. In mediation, both parties agree to explore settlement through a third party trained in facilitating resolution of conflicts. For more information, see our site’s page on Mediation. Keep in mind that many disputes are settled in mediation. In mediation, the parties can use creative solutions to resolve your conflict, including solutions which a court has no power to order.
No. You should not shy away from exploring settlement through mediation or otherwise because you fear you will look weak to the other side. Rather, settlement discussions demonstrate that you want to make a smart business and/or life decision by evaluating an early settlement offer. Settlement discussions don’t mean you concede your claims.
Your former employer may also want to resolve the case now, rather than later. It takes valuable time and often money for an employer to litigate a case in court – even if the company ultimately prevails. For some employers avoiding publicity may also be an incentive to settle early on.
Getting your day in court can be important part of a lawsuit. It allows you to feel heard and empowered – but that’s assuming the case proceeds as planned. Judges rule the courtroom. They control most of what evidence (good and bad for your case) the jury hears. Juries are made up of human beings who have their own views and biases. Going to trial is usually a high-risk situation because it has so many unpredictable factors which neither you nor your attorney can control. Justice does not always prevail.
One way to assess an offer is to determine what the optimal value is of your case. You may be surprised to learn that, under the best-case scenario, the value is not nearly as high as you think. See our site’s page on Valuing Your Case. After realistically valuing your case, you should then discount that amount by some of the factors which can lessen its value. These include:
An offer of judgment is a procedure (based on rules which govern lawsuits filed in court) where the other side proposes in writing an offer to have a judgment (or order to pay a specific sum of money) entered into the court docket (or record). If you accept this offer, it is entered. You can enforce this judgment just as if you won a trial and the court ordered an award in your favor.
You need to evaluate any offer of judgment as you would a settlement at any point in your case: weigh the risks and possible gains of going forward against the offer. Rejecting an offer of judgment, however, has one additional risk: If you reject an offer of judgment and win your case at trial you can be penalized if the amount of damages awarded by a jury or judge is less than the amount of the offer of judgment. In that situation, you will not be allowed to seek payment of your attorney’s fees accrued after the date you reject the offer of judgment.
Under most civil rights laws and anti-discrimination statutes, if you prevail in your lawsuit you will be awarded reasonable attorneys’ fees and costs payable by the other side. (See our site’s page on attorneys fees for additional information.) Depending on your own fee arrangement with your lawyer, this may significantly impact your recovery. When you reject an offer of judgment and do not obtain a greater award than the offer at trial, you will not be able to request payment by defendant(s) of your attorneys’ fees for any of his or her time spent after that rejection. Because of this potential penalty, you need to discuss the pros and cons of accepting or rejecting an offer of judgment with counsel. This is a serious legal decision which cannot be summarized adequately on this website. You must weigh the pros and cons of this decision with your lawyer.
No, as long as the lawsuit you bring is not “frivolous” (without any legal basis). To help protect you against filing a frivolous lawsuit, choose a lawyer who is experienced in employment law. Also, always read the complaint, which is the document in which you present the factual basis for your claims, and which once filed begins the lawsuit. It is ultimately your responsibility to ensure that the facts in the case are correct.
This depends on the terms of the retainer agreement you entered into with your lawyer. These arrangements typically include contingency and modified contingency arrangements as well as payment of attorneys’ fees on an hourly basis. See our site’s page on attorneys’ fees for additional information.
In any of these retainer arrangements, your attorney will be entitled to deduct their fees from your settlement. In contingency and modified contingency arrangements, these fees will amount to a percentage of the award. Where you have agreed to pay your attorney on an hourly basis, you will owe your attorney the balance of fees billed.
The division of a settlement award between you and your lawyer should be spelled out in a written retainer agreement. To avoid any misunderstandings about what the written retainer says, always make sure you carefully read the provisions pertaining to attorneys’ fees. If you don’t understand what is written, make sure to ask your attorney to explain it to you before signing this document. See our site’s page on attorneys’ fees for additional information.
Any sum of money in a settlement allocated separately as payment of “attorneys’ fees” should be credited against the fees you owe your attorney. How that is done depends on the type of retainer agreement you have with your lawyer. See our site’s page on attorneys’ fees for additional information.
No. The “net” amount after you pay your attorney is gross “income” to you. Money received as a settlement of an employment-related lawsuit is usually designated in one of two ways; as lost wages, or as compensation for emotional distress resulting from the conduct of your former employer. Under the law, money attributed to either category is taxable. You need to discuss with your attorney how to structure the settlement and how the money will be allocated. See our site’s page on taxation for further information.
Your friend’s personal injury settlement predictably was tax free because the money he received was attributable to the pain and suffering he experienced as a result of a physical injury. In employment cases, most of the time, emotional injuries stem from non-physical acts taken by the employer or an employee against you. Money received on account of such suffering is taxable, although most likely not as wages, and thus not subject to Social Security taxes.
All damages received in lieu of past or present income are taxable as wages. See our site’s page on taxation for further information.
Virtually all contingency and modified contingency arrangements provide that your attorney receives his or her percentage from the gross settlement sum. Just like you, the money to your counsel is not net income. Your attorney or his/her law firm will have to pay taxes on the amount received in attorneys fees.
You need to consult an accountant or tax lawyer about this question. Most attorneys who represent plaintiffs in employment-related cases do not have the training to advise you about tax matters. You should be aware, however, that any sizeable award can impact your income tax situation significantly.
It is usually a good idea to consult with a tax advisor before making the decision to settle. Your attorney may be able to negotiate how the money is allocated and the timing of payments made – but it is ultimately your pocketbook the IRS will go after. See our site’s page on taxation for further information.
Yes. Ultimately, it is your decision whether to settle your case. However, you did hire a lawyer to represent you. You need to discuss the offer with your attorney and listen with an open mind to his or her explanation of the risks and the cost/benefit of going forward versus accepting what’s on the table. Ask lots of questions. Once you understand more about your case and the way the law works you may find that your attorney, if he or she is pressuring you at all, is doing so in your best interest.
First, resist the temptation to assume your lawyer is selling you down the river by encouraging you to settle. Your attorney is almost always on your side. Even if you doubt the sincerity of your counsel to champion your cause, keep in mind that in most cases, your attorney stands to gain financially if you either continue the case (when you pay hourly) or if your offer increases (in a contingency case). So, there is no incentive to undercut the value of your case.
Second, speak candidly to your lawyer. Ask pointed questions about why the attorney does not want to continue if you refuse the current settlement proposal. Evaluate with your attorney how realistic your expectations are about settlement. Make sure your attorney explains what your case is worth. This will put some perspective on what you perceive as your attorney’s “ultimatum.”
Don’t forget to examine your own motives for turning down a settlement offer. Are you seeking a form of “justice” which is not likely to happen? Are you afraid of closure – don’t want to stop fighting with your employer? Are you seeking revenge, rather than making a smart business/life style decision? These questions can help you assess whether your attorney is making an unreasonable demand of you, or you are not seeing the case clearly, and the offer pending for what it is worth.
The decision whether to accept a settlement is always yours to make. A lawyer cannot compel you to reject a settlement offer. There are many reasons to settle a case for less than what your attorney thinks (best case scenario) it may be worth:
You should always consider what is best for you and your family – sometimes money isn’t the only thing that matters: resolution is.
Yes, if you want the money. Most if not all private employers will request that you keep the amount of the settlement confidential. Some employers will also require that you keep the facts surrounding the lawsuit and negotiations leading up to the settlement confidential. Public employers usually cannot require such a provision. Keep in mind when evaluating an offer of judgment that an entry of judgment in the court records is a public record.
You take the risk of being sued for breach of this provision of the settlement agreement. Some employers put a forfeiture or penalty provision in the agreement providing that you will have to pay back some or the entire settlement amount if you breach confidentiality. Almost all employers put in some type of penalty provision to ensure you don’t talk to anyone outside of a very limited group specifically exempt from confidentiality.
Technically, yes. To avoid this problem, you need to inform and/or remind your attorney of your living situation. Most employers will permit you to discuss your case and settlement with individuals you live with or other people in your life with whom you have an intimate relationship.
There is no formula to finding an attorney who fits this bill, but choosing one who can communicate well with you – by both listening and answering questions – should be at the top of your list. Deciding whether to settle your case can be challenging, frustrating and anxiety provoking. You should be able to process the pros and cons of any proposed settlement with your attorney in a manner which is both respectful of your feelings and impressions but also in which your attorney can disagree with you without your feeling betrayed. This can usually be accomplished when the relationship with your attorney is premised on trust. So when consulting or interviewing an attorney, look for someone who you believe you can rely upon to follow their advice.
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Only 13,000 of 146,000 auto workers at the Big 3 companies are on strike, so far. But others still on the job are turning up the heat by refusing voluntary overtime.
At all three companies—Ford, General Motors, and Stellantis—Auto Workers (UAW) members have told Labor Notes about overtime refusals. Many Big 3 plants are hugely dependent on overtime to make up for understaffing.
Organizing on the shop floor and on Facebook, many auto workers unified so fast to do their part for the strike that they forced management to shut their plants for this entire past weekend.
That followed advice from top UAW officers: that members in plants not yet striking had a right to refuse voluntary overtime. In a “Working Without a Contract/Know Your Rights” bulletin, officers answered the question “What else can I do?” in three words: “Refuse voluntary overtime.”
At Ford’s Buffalo Stamping in New York, on the night when UAW President Shawn Fain announced which plants would be struck, “the whole committee [of local union reps] was out on the floor, talking one on one and to groups about the strike strategy,” said forklift driver Ricky Brand, the Local 897 vice president.
“We also encouraged people to do no voluntary overtime,” Brand said. “It’s crossing an unofficial picket line to work overtime. It’s helping out the company.”
Within a day, so many workers had turned down extra shifts that “Ford had to cancel both Saturday and Sunday work,” Brand said. He believes at some point “it’s inevitable that the company will make overtime mandatory,” which could mean working up to seven days a week.
Extra forced overtime might result in extra injuries and sick days. Members in the Buffalo local have often shut down their line over safety issues. They’re also backing up the strike by refusing managers who ask them to do any out-of-the-ordinary tasks at work.
Big 3 UAW members are now working under an expired contract, but on most issues, including overtime, the company is not allowed to make unilateral changes without bargaining them.
Workers at Stellantis’s Mack Assembly in Detroit are encouraging each other to “Eight and Skate.” Usually, said Crystal Childrey, who works in quality, people want lots of overtime, but now they’re leaving after eight hours and posting on an unofficial Facebook page the reasons why.
“People are saying we should make the financial sacrifice and not be helping the company out,” she said. “The people on strike are the ones making the ultimate sacrifice.”
Discussing the strategy on Facebook, Mervin White schooled his fellow members: “By refusing to work extra hours, you are increasing the impact of the strike and demonstrating the seriousness of the workers’ concerns…
“This struggle concerns the financial well-being of all members of the rank and file, not just your own. The need for overtime is a direct result of high demand and the incompetence of management in effectively running the business… Please refrain from doing any favors for the company.”
Another worker argued, to someone who couldn’t see the point, “You’re helping the company make even more profit for an unfair wage. If they can pay triple time to cert cars then they can damn sure afford to pay us more hourly.”
Tiffany Martin is an absentee reliever in the body shop at GM’s highly profitable SUV plant in Arlington, Texas, near Dallas. The plant runs three shifts, 24 hours a day, including Saturdays. The six-day schedule has been in effect for 11 years, Martin says—and on Saturdays a shift is nine hours instead of eight.
Management’s hunger for Yukons and Tahoes is so great that workers are consistently asked to work through their 15-minute breaks and their lunch, and many do. They can also come in four hours early or work four hours over.
But when the strike at other plants kicked off, Martin said, “yesterday everyone in our area stood firm on no break overtime, no lunch overtime. The group leader [management] came around just before lunch and asked everyone again to work lunch, and even had a signup sheet for extended hours for tonight’s shift. Everyone signed the paper with a big fat NO.”
“The line I was working feeds the main line in body shop and its bank holds 84. They struggled all night to keep it around 20 or so. When I left at 10:06 p.m. the bank was at 9.
“Our paint shop also was struggling to get our trucks from body shop. I was also told everyone in third-shift stamping took their names off of the overtime list to come in today. They would have been on double time, and still took their names off the list.”
A worker who asked not to be identified for fear of retaliation tells a similar story. This worker encouraged fellow members not to work breaks or lunch and set an example of how it could be done. Soon the worker was surrounded by 11 local union officials, who warned about the threat of firing for inciting a work stoppage.
The worker stood firm, citing Fain’s instructions. But the local officials were from the Administration Caucus, which had supported Fain’s opponent in the election earlier this year. They said if the worker was fired, they would not file a grievance. Witnesses and other co-workers immediately began texting the officials to call them out as company men.
Meanwhile, management said not a word.
Stellantis disciplined 15 drivers who transport parts between plants in the Detroit area when they turned down overtime. The overtime had been voluntary, but when workers refused it after hearing Fain’s remarks, managers changed it to mandatory. They did so after the normal notification time, however, so the disciplined workers are filing a grievance.
The law on working under an expired contract says that workers are no longer prevented from coordinating to refuse voluntary overtime (as they are prevented if their contract contains a no-strike clause); this right is protected by the National Labor Relations Act, Section 7.
Knowing that right is only half the fight. At GM’s giant Spring Hill plant in Tennessee, according to 27-year worker Kenneth Larew, “after the international union released the statement, our local president and shop chair put out a video recommending to refuse voluntary OT.
“A lot of us who have been around a while understand that solidarity takes a sacrifice,” Larew said. “It’s harder for younger workers making less, more dependent on OT to get by. Sunday is double pay, and usually easier work—that’s golden for us. But it’s hard to help our international union hamper production, if you’re helping management make more.”
Larew and other members have been talking to co-workers and posting on the local’s Facebook group encouraging the tactic, but broader action seemed like it would require deeper organizing. “I would like to see union reps organizing for it,” Larew said. “If it looks like we’re not going on strike this week, then some of us are considering how to talk to leadership to get them active.
“As a union we are coming out of a time where nothing much was asked of us,” Larew said. “One very positive thing that can come out of this strike and out of refusing overtime, is it will ignite discussion on the floor that will help teach new people that ‘union’ and ‘solidarity’ are actions, not words.”
This blog originally appeared at Labor Notes on September 18, 2023. Republished with permission.
About the Authors: Keith Brower Brown is Labor Notes’ labor-climate organizer. Jane Slaughter is a former editor of Labor Notes and is the co-author of “Secrets of a Successful Organizer.”
]]>If you work as an oil rig operator, construction employee, maritime professional, or in any other high-risk job, you likely love what you do. However, while rewarding, many of these professions require intense concentration and long hours, so stress and anxiety are often part of the equation.
While it’s good to be on your toes occasionally, constant stress can be hard on your mind and make a tough job even harder, so consider the following practical strategies.
The high-risk jobs that countless people work every day can create stress in several ways. In many cases, the anxiety is about the possibility of getting hurt on the job.
Each profession brings its own set of risks.
Maritime employees, oil rig operators, and miners constantly work around huge machinery in tight spaces, and the wrong step could lead to injury. Many warehouse and manufacturing employees must deal with toxic chemicals that could cause burns, breathing issues, and cancer when stored or misused. Some chemicals can also lead to explosions, injuries, and even death. Even the folks who work behind the scenes in movies often work on large cranes and participate in high-risk action sequences.
Then there are the long hours that many of these jobs require that can keep the employees away from their families and personal lives. Working too long without necessary breaks and rest can lead to burnout.
If you’re so exhausted that you can’t concentrate, there’s an even greater risk of injury.
You need to tackle your stress at the source.
If faulty machinery or a lack of safety precautions is the issue, talk to the manager. It may be necessary to speak with your coworkers and develop a list of concerns so you can go to management as a group. There is strength in numbers, and they may be more inclined to take your demands seriously. At the very least, your employer must have a risk maturity model in place to keep you and your fellow employees safe.
When the problem comes down to being overworked, you need to take a stand. In high-risk jobs such as construction, you must have a work-life balance and set boundaries.
If the manager asks you to work overtime day after day, put your foot down and advocate for yourself. Create a strict working schedule and start and leave work at the same time every day so you can go home, relax, and mentally unwind for the next day.
Sometimes, you need to find help from an external source.
Many employees who need to discuss their mental health issues will seek a therapist, trusted friend, or family member. You could also seek out a support group for workplace stress or the issue the stress is causing, be it substance abuse or something else. If you work on an oil rig or somewhere far away, use telehealth to talk to a professional from wherever you are.
It’s essential that you remember that you have federal protections to lean on if you report a stressful issue at work and it falls on deaf ears. Since each job has its own dangers, there are different protections to consider, so do some research for the best chance of success.
For instance, injured maritime employees may be covered by the Jones Act, which provides compensation and benefits if you’re injured, including a return of lost wages. Folks in the trucking industry are protected by the FMCSA (Federal Motor Carrier Safety Administration), which requires you to only work a certain number of hours. Hence, you aren’t fatigued and stressed while on the road.
You have the right to be protected, and if you aren’t, don’t be afraid to speak up because federal protections also cover whistleblowers. Your job can’t retaliate if you do what’s right for yourself and your team.
Initiate the steps necessary to mitigate your stress and anxiety. Take the danger out of work so you can continue to make a difference at work.
This blog was contributed to Workplace Fairness. Published with permission.
About the Author: Katie Brenneman is a passionate writer specializing in lifestyle, mental health, and education When she isn’t writing, you can find her with her nose buried in a book or hiking with her dog, Charlie. To connect with Katie, you can follow her on X (formerly Twitter).
]]>Many companies are looking for and hiring new employees. Whether your company is looking to bring on new talent for a virtual or nonvirtual position, you may be considering using a headhunter or a recruiter.
Before deciding to work with either one, it’s important to understand what they do and the differences between them.
A headhunter is an individual or company that finds potential candidates for the positions a company is looking to fill.
They may approach active job seekers as well as professionals who are already employed. They ensure that the candidates meet the company’s requirements, then pass that information to the company. Headhunters tend to be specialized in a certain field.
While a headhunter focuses on finding potential candidates, they do not generally do any hiring.
A recruiter is someone who works with the hiring process itself. Recruiters generally post job openings and are the initial contact person. They prescreen candidates and get a start on the hiring process. A recruiter tends to work with all kinds of job markets and helps job candidates get placed in the job that best fits their skills.
The COVID-19 pandemic opened up new opportunities for businesses, including hiring employees who work virtually from other locations.
This means that virtual positions are no longer necessarily limited to local talent, so you have a wide range of professionals to choose from for certain positions at your company.
After the Great Resignation, many more professionals are looking for virtual positions for greater work-life balance. However, sifting through a larger pool of job seekers can be overwhelming and time-consuming, so working with a headhunter or recruiter can be an effective way to narrow down your options.
If you want to hire a full-time, high-quality professional for a specific high-level position, a headhunter could be a good option for your company.
If you are looking to hire several new employees in different departments over the next few months, using a recruiter could be a good option for your company.
A business has several options available when thinking about hiring a headhunter or a recruiter. You can hire contract, retained, or contingency-based headhunters or recruiters.
The actual costs vary by industry and location, so do your homework on the going rates in your area. For example, a headhunter could cost you 20% to 25% of the first-year salary of your hire and may also include the sign-on bonus. A contract-based recruiter generally charges 1.5 times the hourly salary of the role you are looking to fill.
Make sure that you are clear on what is and is not included in the arrangement to avoid any last-minute surprises.
Yes, both headhunters and recruiters can be effective. But it’s important to research them thoroughly since some are more effective than others.
Don’t allow the cost to be the only factor in your decision. The most expensive headhunter isn’t necessarily the best one, but you may not get the best results if you want the cheapest headhunter available. And a contingency-based recruiter may rush to fill the position just to get paid instead of finding the best fit.
To help you make a good decision for your company and unique situation, research the person or company online and on LinkedIn.
Do they have positive testimonials or ratings? Has anyone in your network worked with them? Could someone in your network provide you with a reference?
Then, weigh the initial costs of hiring a headhunter or recruiter against the long-term business benefits of having those positions filled.
This blog originally appeared at U.S. News on September 7, 2023.
About the Author: Hallie Crawford is a career coach and author. To learn more about her, you can visit her website.
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Over the past year, workers have seen our lives irrevocably changed. The Supreme Court’s landmark Dobbs decision gutted a fundamental right to bodily autonomy and plunged millions into crisis and uncertainty. Almost immediately, a litany of horror stories emerged.
Doctors denying life saving care for fear of retribution; women trapped with their abusers or killed for accessing abortion care; children — already subjected to unspeakable violence — forced to seek the procedure in the shadows, lest they bear children of their own.
Since the ruling, 14 states have implemented full abortion bans, and several others are working tirelessly to restrict access.
Not content with their unprecedented assault on reproductive autonomy, some Republicans have moved swiftly onto their next target: birth control. It’s abundantly clear that these assaults will continue unabated until we’re strong enough as a movement to stop them. So, how the hell do we get there?
For Sara Nelson, the answer is clear: our movements need to be willing to show up for each other like never before. The attack on abortion rights is at its core an attack on working people.
Poor people are more than five times as likely to face an unwanted pregnancy, and Black women in the U.S. are almost three times more likely to die during pregnancy than women of another race.
Forced parenthood traps families into lifetimes of poverty and trauma — and unsurprisingly, the states that have moved most swiftly to restrict abortion rights are also those who do the least to support new parents through parental leave, pregnancy protections at work, and a liveable wage.
Nelson, president of the Association of Flight Attendants-CWA, AFL – CIO, spoke to In These Times on the fight for abortion rights and labor’s duty to take a strong stand. This conversation has been edited for length and clarity.
This is a segment of a blog / interview that originally appeared in full at In These Times on September 4, 2023. Republished with permission.
About the Author: Natascha Elena Uhlmann is the Audience Engagement Editor at In These Times. A writer and organizer, her work has appeared in The Guardian, Truthout, Rewire News, and Teen Vogue. She is also the author of Abolish ICE.
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Available on all podcast platforms, The WorkerExperience is the only podcast featuring this type of crucial content.Past episodes highlight workers’ legal protections surrounding criminal backgrounds, AI, workplace surveillance, pay inequity, discrimination of all types, union organizing, disability accessibility and more
Past collaborators include representatives from NELP, National Women’s LawCenter,Starbucks and Amazon Unions, PublicCitizen and more.
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The happy times are here at the National Labor Relations Board. The agency, which has been the brightest beam of sunshine in the Biden administration’s stormy attempts to empower organized labor, passed down a decision last week that could make it meaningfully easier to organize unions — potentially the first of a wave of pro-union decisions that could be coming before the end of Biden’s term. It’s nice to have the government on our side, for once. But these rulings are only one brick in an entire wall of power that the labor movement needs to build, before all of the gains we’re celebrating now get swept away.
Last week’s NLRB decision in a case known as Cemex should go a long way towards disincentivizing companies from illegal union busting tactics. The new rule says that when the majority of a company’s employees sign union cards and ask for recognition, the company must either recognize the union, or file a petition requesting a formal election within two weeks. In a crucial change, though, “if an employer who seeks an election commits any unfair labor practice that would require setting aside the election, the petition will be dismissed, and — rather than re-running the election — the Board will order the employer to recognize and bargain with the union.”
Currently, the employer playbook is to deny recognition, stall for as long as possible before the formal election, and use the time in between to lie and intimidate and harass workers so much that they decide to vote “no.” Employers routinely use illegal tactics during that union busting period (think Starbucks firing workers and closing stores when they try to organize), because they know that any unfair labor practice (ULP) charges will take months or years to be litigated, and carry paltry penalties. Now, even if companies do demand a formal election, they will have to think very carefully about staying within the bounds of the law when they recite their trite anti-union talking points, because if they commit any serious ULPs, they could be automatically forced to recognize and bargain with the union.
This is something. It’s not a panacea, but it’s a step.
It should make the grossest abuses by major companies less common. It shifts the onus for obeying existing labor law further onto the employer, rather than forcing unions to act as cops and prosecutors and spend years pursuing a slew of ULPs, which won’t be decided until long after they have served their purpose of preventing a successful union drive. The new standard won’t stop all the highly paid anti-union consultants from writing outrageously misleading scripts about the horrors of unions that workers will have to sit through, but it should begin to change the fact that it has long been rational for employers to break these laws, because the downside for doing so was so small.
In coming weeks, we could also see the NLRB issue several more decisions that could expand the speech rights of workers, empower strikes, and restrict the scope of “management rights” provisions that companies use to do whatever they want. Jennifer Abruzzo, the NLRB’s general counsel, is pushing as hard as possible to fully transform America’s existing suite of regulations into one that helps workers organize, rather than hinders them. It remains to be seen how much of her vision will become a reality, but Abruzzo and the NLRB are proving to be the single best reason for the Left to support Joe Biden.
After being beaten down (or, in the best of times, just ignored) by U.S. presidents and their regulators for 50 years, unions are prone to exulting at small gains. That can cause them to lapse into satisfied rest when they should instead be stomping on the accelerator. For the sake of maintaining a proper perspective, let me pull back here to articulate the full context of this nice NLRB decision. Cemex may dissuade the next Starbucks or Amazon-type employer from wantonly firing organizers and telling outright lies — or it may not, because if an employer fears that they will lose the union vote, and the penalty for grotesque ULPs is simply to be forced to accept having a union anyhow, they may reason that it’s still worth breaking the law, because they would end up with a union either way. The limitations of even these better regulations point to the need for harsh financial penalties for illegal union busting, and for a rule that would force companies into arbitration if they stall and refuse to bargain a first contract.
Getting that sort of really meaningful labor law reform would take something like passing the PRO Act. That won’t happen as long as the filibuster exists.
Until all the Democrats (including Biden!) who claim to be union-friendly are ready to scrap the filibuster, it’s a useless dream. Furthermore, as soon as the next Republican president is elected, you can rest assured that the NLRB will be turned into an agency dedicated to rolling back every single helpful reform that Abruzzo is now working to pass. And — more important than any of this — even with a pandemic that radicalized millions of workers, historically high public popularity of unions, and the most pro-union president in our lifetimes, union density has continued to go down every year.
The wind is at our backs. But the ship still isn’t going anywhere.
Celebrate this marginal regulatory improvement, sure. Be happy we have a good rather than a bad NLRB, and a president whose instinct is to assist rather than crush organized labor. But do not for a second think that we have won anything yet. The conditions for the labor movement to organize millions of new workers and truly shift America’s balance of power towards working people are much better than usual, but we have yet to see the tangible evidence that the institutions of the union world are using this opportunity to leap into action and pour resources into organizing, rather than watching their bank accounts swell as the percentage of workers in unions shrinks.
The Democratic Party is a transactional partner to labor. It will only help us to the extent that we are strong enough to push it to do so. Joe Biden does not pass out union cards. The NLRB does not organize workers. Only the labor movement can do that. Sometimes, like now, the government offers us a small step up. It won’t mean much for the world unless we take it as a signal to start running.
This blog originally appeared at In These Times on August 28, 2023. Republished with permission.
About the Author: Hamilton Nolan is a labor writer for In These Times. He has spent the past decade writing about labor and politics for Gawker, Splinter, The Guardian, and elsewhere. More of his work is on Substack.
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In late June, the Right won a decades-long fight to overturn affirmative action when the Supreme Court ruled, in Students for Fair Admissions Inc. v. President & Fellows of Harvard College, that considering race in college admissions violates the equal protection clause of the 14th Amendment.
The case that ultimately landed before the court’s 6-3 right-wing majority was brought by Students for Fair Admissions, a conservative group that for years has challenged the admissions policies of schools like Harvard and the University of North Carolina. Across the country, conservatives cheered.
But buried in a seemingly small footnote in the decision was a caveat that is just as telling about race and opportunity in America. In Chief Justice John Roberts’ majority opinion, the Supreme Court allowed race-based admissions to continue in one place — military academies, which the Court declared have “distinct” and “compelling interests” that warrant an exception.
The decision’s finding that affirmative action is acceptable in the military, but nowhere else, encapsulates how the United States has never seen Black people as full citizens: declaring we aren’t worthy of educational investment, but are worth training to die in U.S. wars. It also demonstrates how for Black people, the opportunities offered by the military can amount to a no-win situation.
The “Poverty Draft”
Affirmative action was created in the 1960s to make access to education and jobs more available to people of all races. While there’s a myth that affirmative action means accepting or hiring Black people into schools or for jobs over better-qualified white applicants, in reality, it’s just preventing us from being deliberately excluded when we qualify.
Before affirmative action, institutions could legally discriminate against Black students, but affirmative action ended that, on paper at least. (Ironically, it’s not Black people who have benefited most from the policy, but white women.) Now that affirmative action has been overturned, it’s likely universities will reduce the number of Black students they admit. And that may have implications for Black people’s relationship to the military as well.
Both higher education and military service have long been touted as tickets out of poverty and into the middle class. For almost as long, the two have been linked, with the military promoted as a key way for low-income students to get an education they couldn’t otherwise afford.
One 2011 survey found that 75% of military members said they’d joined to get access to education. This exploitative bargain is so ingrained that in 2016, when the question of making college free became a prime presidential campaign debate, some military experts opposed the prospect for the impact it would have on recruitment.
This is a segment of a blog that originally appeared in full at In These Times on August 28, 2023.
About the Author: Kinjo Kiema is a Kenyan-American organizer and writer based in Washington, D.C. You can follow her on Twitter @captain_kinj and read her writing at www.kinjokiema.com.
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OSHA, short for theOccupational Safety and Health Act, is the main federal law regulating workplace safety. Put simply, OSHA gives you as an employee the right to have a safe and hazard free workplace. OSHA accomplishes this by randomly inspecting workplaces and by taking complaints directly from workers. Workers in certain states are also protected by state OSHA laws.
Here are some of the specific rights that OSHA guarantees:
OSHA covers almost all employees in the private sector. The main groups not covered by OSHA are government employees (the public sector), independent contractors, and those who work on family farms. State and local government agency employees are not covered by OSHA but have OSHA protections if they the state that they are working in has an OSHA- approved state program. These states include Connecticut, Illinois, Maine, New Jersey, New York, and the Virgin Islands. As for federal employees, OSHA protections apply to all federal agencies.
State OSHAs must be at least as effective as the federal one. Many states have simply adopted the same federal standards, while other states have adopted stricter safety requirements. In addition, state OSHAs provide protection to public sector (state and local government) employees. If your state does not have a state OSHA, you will still be covered by federal OSHA regulations.
The following dark shaded states have an approved state OSHA:
In addition, Connecticut, Illinois, Maine, New Jersey, New York and the Virgin Islands have state plans that only cover public sector (state & local government) employment.
Check with your state’s OSHA office or web page for more specific information on your state’s OSHA.
State and local governments often have safety plans in place designed to protect workers. Federal employees are covered by safety laws that require the same level of safety as in private jobs.
OSHA imposes many requirements on employers. Among the most important are the duties of the employer to:
OSHA only requires that employers warn and protect employees from known hazards.” If your employer has been made aware of a hazard, you should be warned about it. This is one reason why it is important to bring any hazards to your employer’s attention.
Yes. OSHA standards are divided into four categories: general industry, maritime, construction, and agriculture. In 2016, OSHA issued a final silica standard to reduce dust exposure in general industry, maritime and construction sectors which is expected to prevent more than 600 deaths and 1000 cases of silicosis each year.
Inform your employer or supervisor as soon as you can, preferably in writing. A rule published by OSHA clarifies the requirement that your employer mustprovide a reasonable procedure for employees to report work-related injuries and illness. So your employer should have an easy way for you to make a report within a reasonable amount of time after you realize that you have an injury or illness. If you believe the accident or illness occurred as the result of a recognized hazard, you may file an OSHA complaint. Keep in mind that to prove an OSHA violation, you must show that your employer did not maintain a safe workplace and that the specific hazard causing your injury was known as being likely to cause death or serious bodily injury. If you have to miss work or seek medical attention due to the accident or illness, you may also have rights to worker’s compensation. For more information, see our site’s workers’ compensation page.
Employers with more than 10 employees are required to keep records of serious injuries and illnesses that occur in the workplace except for certain low-risk industries and minor injuries. OSHA defines a work-related injury or illness as any work-related fatality, injury or illness that results in loss of consciousness, days away from work, restricted work, or transfer to another job. Work related injury or illness requiring medical treatment beyond first aid, any work related diagnosed case of cancer, chronic irreversible diseases, fractured or cracked bones or teeth and punctured eardrums are also included in the OSHA list of work-related injuries that require reporting. Work-related cases that involve needlesticks and sharps injuries, medical removal, hearing loss, and tuberculosis require special recording criteria. Employers must report any worker fatality within 8 hours. Any amputation, loss of an eye, or hospitalization of a worker must be reported within 24 hours.
Injuries and illnesses may be reported online or by phone.
Note: Be prepared with the name of the business, names of the affected individuals, location and time of the incident, a description of the incident, a contact person and telephone number.
The Injury and Illness E-Reporting rule, effective on December 1, 2017, requires employers to electronically submit injury and illness data that is already recorded on OSHA forms 300, 300A, and 301. Some of this data will be available to the public online. The OSHA website will provide three options for data submission. Users will be able to manually enter data into a web form, upload a CSV file to process single or multiple establishments at the same time, or users of automated recordkeeping system will be able to transmit data electronically via an application programming interface, (API).
Under the new OSHA regulation, employers of 250 or more employees, at a single location, are required to annually upload electronic OSHA logs, forms, and summaries. Regulations also require employers in high hazard industries, with 20-249 employees to electronically submit their 300A summaries.
No. OSHA rules explicitly prohibit an employer from firing or retaliating against an employee because they reported an injury or illness. An employer may fire or punish you for violating safety rules, or for violating reasonable reporting procedures. But the fact that you reported an injury or illness cannot be the reason for the punishment.
In order for OSHA to issue a citation against an employer for retaliation, the following must be true:
Yes. With some exceptions, usually based on the size of the company, OSHA requires employers to keep records of injuries and illness in the workplace. Employees and former employees must be provided access to these records. All employers, regardless of the size of the company, are required to report fatalities or injuries that require hospital visits. These reports must be made available to employees. Additionally, you can search for inspection reports of your workplace on OSHA’s website.
Many employers ban guns at work, and in 28 states they are allowed to do so. However, in some states employers are more restricted, these include Alabama, Alaska, Arizona, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Minnesota, Missouri, Mississippi, Nebraska, North Carolina, North Dakota, Oklahoma, Tennessee, Texas, Utah, and Wisconsin. In those states, employers are still allowed to ban guns in offices and factories, but cannot prevent employees from storing their guns in their cars, and on company property, while at work. There are some variations in the state laws, like not being able to discriminate against gun owners, but the core of each of the laws allows employees to keep guns in their cars while at work.
Yes. Your employer is required to display the OSHA poster (pdf) (or its state equivalent in states with their own OSHA laws) in a prominent place where employees are likely to see it. This poster explains worker’s rights, the protections offered by OSHA, and information on contacting OSHA.
You can go to any OSHA office (either the local office of federal OSHA or your state’s OSHA office) and complete the appropriate forms. Complaint forms also may be filled out and submitted online or printed and faxed or mailed. Forms are available through OSHA’s website.
Anyone aware of a workplace hazard may file a complaint — not just employees. This includes union representatives.
No. You can file claims anonymously online if you prefer. However, a written and signed complaint is more likely to result in an on-site inspection by OSHA, instead of a phone or fax interview.
While you don’t need a group to file a report, many employees prefer to assemble co-workers before taking action. Benefits to assembling others are that your complaint may be taken more seriously, and the risk of retaliation by your employer against particular individuals is lessened.
Depending on the severity of the hazard in the complaint, OSHA will either conduct an on-site investigation or they will do a phone or fax interview with the employer.
At least one of the following eight criteria must be met for OSHA to conduct an on-site inspection:
If a hazardous condition is found, OSHA can order your employer to remove the danger. If the danger is less severe, OSHA will issue a citation to your employer that will state the hazard, notify everyone at your work site of the hazard, and give a time limit for your employer to fix it.
OSHA’s phone/fax method enables the agency to respond more quickly to hazards where none of the eight criteria listed above are met or where the employee or employee representative requests the phone/fax method. OSHA telephones the employer, describes the alleged hazards and then follows up with a fax or a letter. The employer must respond within five days, identifying in writing any problems found and noting corrective actions taken or planned. If the response is adequate, OSHA generally will not conduct an inspection. The employee who filed the original complaint will receive a copy of the employer’s response. If still not satisfied, the complainant may then request an on-site inspection.
If a hazardous condition is found, OSHA can order your employer to remove the danger. If the danger is less severe, OSHA will issue a citation to your employer that will state the hazard, notify everyone at your work site of the hazard, and give a time limit for your employer to fix it.
To encourage employees to bring safety hazards to the attention of OSHA without having to fear retaliation from their employers, OSHA makes it illegal for employers to retaliate or discriminate against employees who participate in OSHA proceedings. This means you cannot be fired, demoted or otherwise discriminated against for exercising your rights under OSHA.
To file a claim that your employer discriminated against you because of your participation in an OSHA-related proceeding, you must be able to show:
Complaints of discrimination should be filed as soon as possible within 30 days of the discriminatory act by your employer. This process also applies to situations where you walk off the job because you believed you were in imminent danger by continuing to work.
For more information about filing a discrimination complaint based upon your participation in an OSHA-related proceeding, see our site’s page on environmental whistleblowers.
If there is a serious and immediate hazard at your workplace, inform your supervisor as soon as possible. It may be necessary to speak with more than one supervisor and/or to speak with them more than once. If your supervisor does not do anything, and there is no time for OSHA to act, you may be permitted to walk off the job free from retaliation from your employer.
However, your right to do this is limited to situations where you are in “imminent danger.” The following conditions must be met before a hazard becomes an imminent danger:
Walking off the job should only be done if there is no other reasonable alternative and if your safety is in serious and immediate danger. In addition, you should call OSHA as soon as possible to report imminent dangers at 800-321-OSHA (6742).
Employee discrimination remains an unfortunate reality in many workplaces. While companies may make conscious efforts to prevent this from happening, unfortunately not every company adheres to the rules.
Sadly, protected characteristics like race, gender, religion, age, disability status, and more are influencing hiring decisions. It’s no wonder that many candidates and employees are aware of possible biases and prejudices when it comes to hiring decisions, not to mention possible promotions, compensation, and day-to-day treatment. It’s clear that progress has been made in recent years, but regrettably, gaps and biases still exist, and unfair discrimination still occurs when it comes to aligning employee and employer expectations.
The US Department of Justice and the Equal Employment Opportunity Commission have recently re-emphasized the obligation of employers to avoid discrimination in their hiring processes. This duty of care also extends to include the technology that businesses use, because, in the age of digital transformation, such widespread use of tech could only further perpetuate the issue of employee discrimination.
The good news is that technology can also promote a safe and inclusive workplace, and prevent discrimination from materializing when utilized and integrated correctly. This short guide outlines how that’s possible.
There are a few key reasons why unfair discrimination still occurs in workplaces:
In some ways, technology has enabled more widespread discrimination:
However, technology also presents solutions if implemented ethically.
The connective nature of technology, along with data analytics capabilities, provide ample opportunities to promote workplace inclusion. But biases can also be perpetuated if not monitored diligently, which is why a thoughtful approach focused on ethics and merit is key.
Technology presents many options for companies to foster more equitable workplaces and create inclusive and welcoming cultures. However, it requires conscientiousness and patience to materialize. Company leaders need to lead by example, and not be motivated by diversity percentages and awards, and instead focus on long-term merit and ethical benefits.
Creating an environment free of discrimination should not be a checkbox exercise; it should be considered from the outset. It is the leaders’ and directors’ responsibility to empower workers to be the best they can be, and it all starts by making their workplaces shining examples of how discrimination has no place.
This blog was contributed to Workplace Fairness. It is published with permission.
About the Author: Dakota Murphey is a contributor to Workplace Fairness.
]]>Please select a topic below to jump directly to the corresponding agency:
For more information about filing a discrimination or harassment claim in Connecticut, see our page on filing a discrimination complaint: Connecticut
Discrimination/Harassment – State Agency
Connecticut Commission on Human Rights and Opportunities (CHRO)
Administrative Headquarters:
21 Grand Street
Hartford, CT 06106
Phone: (860) 541-3400
Toll Free (in Connecticut only): (800) 477-5737
TDD: (860) 541-3459
Fax: (860) 246-5068
CHRO Regional Office Contact Information:
Capital Region Office
1229 Albany Avenue
Hartford, CT 06112-2193
Phone: (860) 566-7710
Fax: (860) 566-1997
TDD: (860) 566-7710
Areas Served
Contact this office if the alleged discrimination took place in: Avon, Plainville, Bloomfield, Rocky Hill, Canton, Simsbury, Collinsville, Suffield, East Granby, West Hartford, Farmington, Wethersfield, Granby, Windsor, Hartford, Windsor Locks, New Britain, Unionville, Newington, New Canaan
Eastern Region Office
100 Broadway
Norwich, CT 06360
Phone: (860) 886-5703
Fax: (860) 886-2550
TDD: (860) 886-5707
Areas Served
Contact this office if the alleged discrimination took place in: Andover, Lisbon, Ashford, Lyme, Bolton, Manchester, Bozrah, Mansfield, Brooklyn, Marlborough, Canterbury, Montville, Chaplin, New London, Chester, North Stonington, Clinton, Norwich, Colchester, Old Lyme, Columbia, Old Saybrook, Coventry, Plainfield, Deep River, Pomfret, Eastford, Preston, East Haddam, Putnam, East Hampton, Salem, East Hartford, Scotland, East Lyme, South Windsor, East Windsor, Sprague, Ellington, Stafford, Enfield, Sterling, Essex, Stonington, Franklin, Thompson, Glastonbury, Tolland, Griswold, Union, Groton, Vernon, Hampton, Voluntown, Hebron, Waterford, Killingly, Westbrook, Killingworth, Willington, Lebanon, Windham, Ledyard, Woodstock
West Central Region Office
Rowland State Government Center
55 West Main Street, Suite 210
Waterbury, CT 06702-2004
Phone: (203) 805-6530
Fax: (203) 805-6559
TDD: (203) 805-6579
Areas Served
Contact this office if the alleged discrimination took place in: Ansonia, Naugatuck, Barkhamsted, New Hartford, Beacon Falls, New Haven, Berlin, Norfolk, Bethany, North Branford, Bethlehem, North Canaan, Branford, North Haven, Bristol, Orange, Burlington, Oxford, Canaan, Plymouth, Cheshire, Portland, Colebrook, Prospect, Cornwall, Roxbury, Cromwell, Salisbury, Derby, Seymour, Durham, Sharon, East Haven, Shelton, Goshen, Southbury, Guilford, Southington, Haddam, Thomaston, Hamden, Torrington, Hartland, Wallingford, Harwinton, Warren, Kent, Washington, Litchfield, Waterbury, Madison, Watertown, Meriden, West Haven, Middlebury, Winchester, Middlefield, Wolcott, Middletown, Woodbridge, Milford, Woodbury, Morris, Winsted
Southwest Region Office
1057 Broad Street
Bridgeport, CT 06604
Phone: (203) 579-6246
Fax: (203) 579-6950
TDD: (203) 579-6246
Areas Served
Contact this office if the alleged discrimination took place in: Bethel, New Milford, Bridgeport, Newtown, Bridgewater, Norwalk, Brookfield, Redding, Danbury, Ridgefield, Darien, Sherman, Easton, Stamford, Fairfield, Stratford, Greenwich, Trumbull, Monroe, Weston, New Canaan, Westport, New Fairfield, Wilton
Web Address: http://www.ct.gov/chro/site/default.asp
Agency Information/Mission: The mission of the Connecticut Commission on Human Rights and Opportunities (CHRO) is to eliminate discrimination through civil and human rights law enforcement and to establish equal opportunity and justice for all persons within the state through advocacy and education.
Safety & Health – State Agency (for public sector [state and municipal] employees only)
Connecticut Department of Labor
Division of Occupational Safety and Health (CONN-OSHA)
38 Wolcott Hill Road
Wethersfield, Connecticut 06109
Information: (860) 566-4550
Fax: (860) 566-6916
Web Address: http://www.ctdol.state.ct.us/osha/osha.htm
Safety & Health Local Office of Federal Agency (OSHA) (for private sector employees only)
Occupational Safety & Health Administration (OSHA)
Bridgeport Area Office
Clark Building
1057 Broad Street, 4th Floor
Bridgeport, Connecticut 06604
Phone: (203) 579-5581
Fax: (203) 579-5516
Occupational Safety & Health Administration (OSHA)
Hartford Area Office
Federal Building
450 Main Street, Room 613
Hartford, Connecticut 06103
Phone: (860) 240-3152
Fax: (860) 240-3155
For more information about this agency, see OSHA
Connecticut Department of Labor
Phone: See Filing Your Telephone Claims for local numbers.
TDD/TTY: (800) 842-9710
Web Address: http://www.ctdol.state.ct.us/progsupt/unemplt/unemployment.htm
Unemployment Insurance FAQs (Frequently Asked Questions)
Eligibility Requirements
Wage and Hour/Labor Standards – State Agency
Connecticut Department of Labor
Wage & Workplace Standards Division
200 Folly Brook Boulevard
Wethersfield, CT 06109
Minimum Wage/Overtime: (860) 263-6790
Wage Payment: (860) 263-6790
Public Contract Compliance (Prevailing Wage): (860) 263-6790
Workplace Standards (Employment Regulation/Minors): (860) 263-6791
Fax: (860) 263-6541
Web Address: http://www.ctdol.state.ct.us/wgwkstnd/wgemenu.htm
Agency Information/Mission: Through a balanced delivery of its services, the Wage and Workplace Standards Division meets its historic mission of promoting prosperity and stability in the workplace. The Division ensures employees receive the benefits due them by enforcing workplace laws. We help employers comply with the law through educational programs and materials.
FAQs for Workers
Wage and Workplace Forms
Laws and Legislation
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
U.S. Department of Labor
ESA Wage & Hour Division
Hartford Connecticut District Office
135 High Street, Room 210
Hartford, CT 06103-1111
Phone: (860) 240-4160
Fax: (860) 240-4029
U.S. Department of Labor
ESA Wage & Hour Division
New Haven Connecticut Area Office
150 Court Street
Room 423
New Haven, CT 06510
Phone: (203) 773-2249
Fax: (203) 773-2380
For more information about this agency, see U.S. Department of Labor
Connecticut Workers’ Compensation Commission
First District Office
999 Asylum Avenue
Hartford, CT 06105
Phone: (860) 566-4154
Fax: (860) 566-6137
Second District Office
55 Main Street
Norwich, CT 06360
Phone: (860) 823-3900
Fax: (860) 823-1725
Third District Office
700 State Street
New Haven, CT 06511-6500
Phone: (203) 789-7512
Fax: (203) 789-7168
Fourth District Office
350 Fairfield Avenue
Bridgeport, CT 06604
Phone: (203) 382-5600
Fax: (203) 335-8760
Fifth District Office
55 West Main Street
Waterbury, CT 06702
Phone: (203) 596-4207
Fax: (203) 805-6501
Sixth District Office
233 Main Street
New Britain, CT 06051
Phone: (860) 827-7180
Fax: (860) 827-7913
Seventh District Office
111 High Ridge Road
Stamford, CT 06905
Phone: (203) 325-3881
Fax: (203) 967-7264
Eighth District Office
90 Court Street
Middletown, CT 06457
Phone: (860) 344-7453
Fax: (860) 344-7487
E-Mail: http://wcc.state.ct.us/email-contacts.htm
Web Address: http://wcc.state.ct.us/index.html
Agency Description/Mission: Established in 1913, the State of Connecticut Workers’ Compensation Commission administers Connecticut’s workers’ compensation laws and system. The agency also provides general information on workers’ compensation law, policies and procedures, as well as vocational rehabilitation services to eligible injured employees; it reviews and approves workers’ compensation managed medical care plans (PPOs), individual employer self-insurance applications, and employer health & safety committees; and it maintains claim and other workers’ compensation-related documents.
We’re Sorry You Were Injured
An Introduction to Workers’ Compensation in Connecticut
Online Forms and Publications
Select your state from this list.
For more information about filing a discrimination or harassment claim in Colorado, see our page on filing a discrimination complaint: Colorado
Discrimination/Harassment – State Agency
Division of Civil Rights
Colorado Civil Rights Division
1560 Broadway, Suite 1050
Denver, 80202
Phone: (303) 894-2997
Toll-Free (English/Spanish): (800) 262-4845
Fax: (303) 894-7830
TDD: (303) 894-7880
After speaking with the Denver office, you will be referred to the office closest to you for further processing of your claim. The CCRD has offices in Denver, Greeley, Colorado Springs, Pueblo, and Grand Junction.
Web Address: http://www.dora.state.co.us/civil-rights/index.htm
Agency Information/Mission: The Colorado Civil Rights Division, together with the Colorado Civil Rights Commission, is the state agency established in 1957 to administer and enforce Colorado’s antidiscrimination laws in employment, housing and public accommodations. The agency’s mission is to assure that all Coloradans are afforded the equal protection of the law.
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Denver District Office
303 E. 17th Avenue
Suite 410
Denver, Colorado 802033
Phone: 1-800-669-4000
Fax: 303-866-1085
TTY: 1-800-669-6820
For more information about this agency, see the EEOC section of our page on federal agencies
Occupational Safety & Health Administration (OSHA)
Denver Area Office
1391 Speer Boulevard, Suite 210
Denver, Colorado 80204-2552
Phone: (303) 844-5285
Fax: (303) 844-6676
Toll-Free: (800) 755-7090
Occupational Safety & Health Administration (OSHA)
Englewood Area Office
7935 East Prentice Avenue, Suite 209
Englewood, Colorado 80111-2714
Phone: (303) 843-4500
Fax: (303) 843-4515
Toll-Free: (800) 669-5771
For more information about this agency, see the OSHA section of our page on federal agencies
Colorado Department of Labor and Employment
Division of Employment and Training
633 17th Street, Suite 201
Denver, CO 80202-3660
Phone/CUBLine: (Denver-Metro Area) (303) 318-9000
Toll Free/CUBLine: (800) 388-5515
TTD (Denver-Metro Area): (303) 318-9016
TTD (Outside Denver-Metro Area): (303) 894-7730
Web Address: http://www.colorado.gov/cs/Satellite/CDLE-UnempBenefits/CDLE/1240336898069
Frequently Asked Questions by Claimants
How to File a Claim
How Benefits are Paid
Claimant Handbook
Wage and Hour/Labor Standards – State Agency
Colorado Department of Labor and Employment
Labor Standards Office
633 17th Street, Suite 200
Denver, Colorado 80202-3611
Phone: (303) 318-8441
Web Address: http://www.coworkforce.com
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
U.S. Department of Labor
ESA Wage & Hour Division
1999 Broadway, Suite 710
Denver, CO 80202-5712
Phone: (720) 264-3250
Fax: (720) 264-3255
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies
Colorado Department of Labor & Employment
Division of Workers’ Compensation
633 17th Street
Suite 400
Denver, CO 80202
Phone: (303) 318-8700
Toll Free: (888) 390-7936
In Spanish/ En Espnol: (800) 685-0891
Fax: (303) 318-8710
Web Address: http://www.coworkforce.com/dwc/
Agency Description/Mission: The Division of Workers’ Compensation provides state of the art information to enable injured workers, employers, insurance carriers and self-insured employers to comply with the statutory requirements of the Workers’ Compensation Act and to encourage safety on the job and containment of costs, and when injuries occur, understandable, fair, useful and efficient processes of resolution at a reasonable cost.
Frequently Asked Questions
Employee’s Guide
Colorado Bar Association Attorney Listing
Please select a topic below to jump directly to the corresponding agency:
For more information about filing a discrimination or harassment claim in California, see our page on filing a discrimination complaint: California
Discrimination/Harassment – State Agency
Department of Fair Employment and Housing – Communication Headquarters
2218 Kausen Drive, Suite 100
Elk Grove, CA 95758
Toll Free: 800-884-1684
Phone: 916-227-0551
TDD: 800-700-2320
Fax: 916-227-2859
DFEH District Office Contact Information:
| Bakersfield District Office 4800 Stockdale Highway, Suite 215 Bakersfield, CA 93309 Telephone: (661) 395-2729 Toll-free: (800) 884-1684 FAX: (661) 395-2972 TTY: (800) 700-2320 | San Diego District Office 1350 Front Street, Suite 3005 San Diego, CA 92101 Telephone: (619) 645-2681 Toll-free: (800) 884-1684 FAX: (619) 645-2683 TTY: (800) 700-2320 |
| Fresno District Office 1277 E. Alluvial Avenue, Suite 101 Fresno, CA 93720 Telephone: (559) 244-4760 Toll-free: (800) 884-1684 FAX: (559) 244-4819 TTY: (800) 700-2320 | San Francisco District Office 1515 Clay Street, Suite 701 Oakland, CA 94612-2512 Telephone: (510) 622-2973 Toll-free: (800) 884-1684 FAX: (510) 622-2952 TTY: (800) 700-2320 |
| Los Angeles District Office 320 West 4th Street, 10th Floor Los Angeles, CA 90013 Telephone: (213) 439-6799 Toll-free: (800) 884-1684 FAX: (213) 439-6715 TTY: (800) 700-2320 | San Jose District Office 111 North Market Street, Suite 810 San Jose, CA 95113-1102 Telephone: (408) 277-1277 Toll-free: (800) 884-1684 FAX: (408) 277-9997 TTY: (800) 700-2320 |
| Bay Area Regional Office 39141 Civic Center Drive, Suite 250 Fremont, CA 94538 | Elk Grove Office 2218 Kausen Drive, Suite 100 Elk Grove, CA 95758 |
| Oakland District Office 1515 Clay Street, Suite 701 Oakland, CA 94612-2512 Telephone: (510) 622-2941 Toll-free: (800) 884-1684 FAX: (510) 622-2951 TTY: (800) 700-2320 | Santa Ana District Office 2101 East 4th Street, Suite 255-B Santa Ana, CA 92705 Telephone: (714) 558-4266 Toll-free: (800) 884-1684 FAX: (714) 558-6461 TTY: (800) 700-2320 |
| Sacramento District Office 2000 O Street, Suite 120 Sacramento, CA 95814-5212 Telephone: (916) 445-5523 Toll-free: (800) 884-1684 FAX: (916) 323-6092 TTY: (800) 700-2320 |
Web Address: http://www.dfeh.ca.gov
Agency Information/Mission: The mission of the Department of Fair Employment and Housing is to protect the people of California from unlawful discrimination in employment, housing and public accommodations, and from the perpetration of acts of hate violence.
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
| EEOC – Fresno Local Office 1265 West Shaw Avenue, Suite 103 Fresno, CA 93711 Phone: 559-487-5793 TTY: 559-487-5837 | EEOC – San Diego Area Office 401 B Street Suite 1550 San Diego, CA 92101 Phone: 619-557-7235 TTY: 619-557-7232 |
| EEOC – Los Angeles District Office 255 E. Temple 4th Floor Los Angeles, CA 90012 Phone: 213-894-1000 TTY: 213-894-1121 | EEOC – San Francisco District Office 901 Market Street Suite 500 San Francisco, CA 94103 Phone: 415-356-5100 TTY: 415-356-5098 |
| EEOC – Oakland Local Office 1301 Clay Street Suite 1170-N Oakland, CA 94612-5217 Phone: 510-637-3230 TTY: 510-637-3234 | EEOC – San Jose Local Office 96 North 3rd Street Suite 200 San Jose, CA 95112 Phone: 408-291-7352 TTY: 408-291-7374 |
For more information about this agency, see the EEOC section of our page on federal agencies
California Department of Industrial Relations
Division of Occupational Safety and Health (CAL/OSHA)
455 Golden Gate Avenue – 10th Floor
San Francisco, CA 94102
Phone: (415) 703-5100
Fax: (415) 703-5114
Search for Cal/OSHA Enforcement Offices
Web Address: http://www.dir.ca.gov/occupational_safety.html
Agency Description/Mission: Cal/OSHA was created by the Occupational Safety and Health Act of 1973 to enforce effective standards, assist and encourage employers to maintain safe and healthful working conditions, and to provide for enforcement, research, information, education and training in the field of occupational safety and health.
Search for Cal/OSHA Enforcement Offices
Workers’ Page
Workers’ Rights
Worker Responsibilities
How to File a Complaint with Cal/OSHA
Employment Development Department
Fresno Disability Insurance Office
2550 Mariposa Street, Room 1080A
Fresno, CA 93721
Fresno Paid Family Leave Office
855 M Street, Suite 810
Fresno, CA 93721
Stockton Disability Insurance Office
3127 Transworld Drive, Suite 150
Stockton, CA 95206
San Jose Disability Insurance Office
297 West Hedding Street
San Jose, CA 95110
Santa Barbara Disability Insurance Office
128 East Ortega Street
Santa Barbara, CA 93101
Phone (Toll-Free): (800) 480-3287
TTY: (800) 563-2441
Web Address: http://www.edd.ca.gov/default.htm
Agency Description/Mission: California State Disability Insurance (SDI) is a partial wage-replacement insurance plan for California workers. The SDI program is State-mandated, and funded through employee payroll deductions. SDI provides affordable, short-term benefits to eligible workers who suffer a loss of wages when they are unable to work due to a NON WORK-RELATED illness or injury, or a medically disabling condition from pregnancy or childbirth.
Employment Development Department
800 Capitol Mall, MIC 83
Sacramento, CA 95814
Phone (Toll-Free in CA) (English): (800) 300-5616 / (Spanish): (800) 326-8937
Phone (Toll-Free in CA) (Chinese): (800) 547-3506 / (Vietnamese): (800) 547-2058
Phone (Toll-Free out of state): (800) 250-3913
TTY: (800) 815-9387
Web Address: http://www.edd.ca.gov/default.htm
FAQs For Claimants
Filing a Claim
A Guide to Benefits and Employment Services (English; also available in Chinese, Spanish, and Vietnamese)
Unemployment Insurance – Forms and Publications
Wage and Hour/Labor Standards – State Agency
Division of Labor Standards Enforcement
| Bakersfield 7718 Meany Ave Bakersfield, CA 9330 661) 587-3060 | El Centro 1550 W. Main St. El Centro, CA 92243 (760) 353-0607 |
| Fresno 770 E. Shaw Avenue, Ste. 222 Fresno, CA 93710 (559) 244-5340 | Long Beach 300 Oceangate, Suite 302 Long Beach, CA 90802 (562) 590-5048 |
| Los Angeles 320 W. Fourth Street, Suite 450 Los Angeles, CA 90013 (213) 620-6330 | Oakland 1515 Clay Street, Suite 801 Oakland, CA 94612 (510) 622-3273 |
| Redding 250 Hemsted Drive 2nd Floor, Suite A Redding, CA 96001 (530) 225-2655 | Sacramento 2031 Howe Avenue, Suite 100 Sacramento, CA 95825 (916) 263-1811 |
| Salinas 1870 N. Main St., Suite 150 Salinas, CA 93906 (831) 443-3041 | San Bernardino 464 W. Fourth Street, Room 348 San Bernardino, CA 92401 (909) 383-4334 |
| San Diego 7575 Metropolitan Dr., Rm. 210 San Diego, CA 92108 (619) 220-5451 | San Francisco 455 Golden Gate Ave., 8th Floor San Francisco, CA 94102 (415) 703-5300 DLSE2@dir.ca.gov |
| San Jose 100 Paseo de San Antonio, Room 120 San Jose, CA 95113 (408) 277-1266 | Santa Ana 605 West Santa Ana Blvd. Bldg. 28, Room 625 Santa Ana, CA 92701 (714) 558-4910 |
| Santa Barbara 411 E. Canon Perdido, Room 3 Santa Barbara, CA 93101 (805) 568-1222 | Santa Rosa 50 “D” Street, Suite 360 Santa Rosa, CA 95404 (707) 576-2362 |
| Stockton 31 E. Channel Street, Room 317 Stockton, CA 95202 (209) 948-7770 | Van Nuys 6150 Van Nuys Blvd., Room 206 Van Nuys, CA 91401 (818) 901-5315 Walk In Service Available At This Location: 9:00 a.m. to 12:00 p.m. – Monday and Friday 9:00 a.m. to 4:00 p.m. – Tuesday, Wednesday and Thursday |
Minimum wage hotline: (888) ASK-WAGE / (888) 275-9243
E-Mail: DLSEInfo@dir.ca.gov
Web Address: http://www.dir.ca.gov/DLSE/dlse.html
How to File a Wage Claim
How to File a Claim With the Bureau of Field Enforcement (labor standards violations)
How to File a Discrimination Complaint (discrimination in violation of Labor Code)
Minimum Wage Order 2007
All California workers are entitled to workplace protection (rights of undocumented workers)
| U.S. Department of Labor (DOL) ESA Wage & Hour Division East Los Angeles District Office 100 N. Barranca Street, Suite #850 West Covina, CA 91791Phone: (626) 966-0478; (626) 966-8679 Fax: (626) 966-5539 (Serving San Bernardino County and portions of Los Angeles and Riverside Counties) | U.S. Department of Labor (DOL) ESA Wage & Hour Division Los Angeles District Office 915 Wilshire Blvd., Suite 960 Los Angeles, CA 90017-3446 Phone: (866) 487-9243; (213) 894-6375 Fax: (213) 894-6845 (Serving Kern, Santa Barbara, San Luis Obispo, and Ventura Counties; portions of Los Angeles County) |
| U.S. Department of Labor (DOL) ESA Wage & Hour Division Sacramento District Office 2800 Cottage Way, Room W-1836 Sacramento, CA 95825-1886 Phone: (916) 978-6123 Fax: (916) 978-6125 | U.S. Department of Labor (DOL) ESA Wage & Hour Division San Diego District Office 5675 Ruffin Road, Suite 320 San Diego, CA 92123-1362 Phone: (619) 557-5606 Fax: (619) 557-6375 (Serving Imperial, Orange, and San Diego Counties and portions of Riverside County) |
| U.S. Department of Labor (DOL) ESA Wage & Hour Division San Francisco District Office 455 Market Street, Suite 800 San Francisco, CA 94105 Phone: (415) 744-5590 Fax: (415) 744-5088 |
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies
Division of Workers’ Compensation
| Anaheim 1065 N. PacifiCenter Drive Anaheim, CA 92806 (714) 414-1801 | Marina del Rey 4720 Lincoln Blvd. Marina del Rey, CA 90292-6902 (310) 482-3820 |
| San Bernardino 464 W. Fourth Street, Suite 239 San Bernardino, CA 92401-1411 (909) 383-4522 | Bakersfield 1800 30th Street, Suite 100 Bakersfield, CA 93301-1929 (661) 395-2514 |
| Oakland 1515 Clay Street, 6th Floor Oakland, CA 94612 (510) 622-2861 | San Diego 7575 Metropolitan Drive, Suite 202 San Diego, CA 92102-4424 (619) 767-2082 |
| Eureka 100 H Street, Room 202 Eureka, CA 95501-0481 (707) 441-5723 | Oxnard 1901 N. Rice Avenue, Suite 200 Oxnard, CA 93030 805-485-2533 |
| San Francisco 455 Golden Gate Avenue, 2nd floor San Francisco, CA 94102-7014 (415) 703-5020 | Fresno 2550 Mariposa Mall, Suite 4078 Fresno, CA 93721 (559) 445-5051 |
| Pomona 732 Corporate Center Drive Pomona, CA 91768-2653 (909) 623-4301 | San Jose 100 Paseo de San Antonio, Room 241 San Jose, CA 95113-1402 (408) 277-1292 |
| Goleta 6755 Hollister Avenue, Room 100 Goleta, CA 93117-5551 (805) 968-4158 | Redding 250 Hemsted Drive Second Floor, Ste. B Redding, CA 96002 530-225-2845 |
| Santa Ana 605 W. Santa Ana Blvd, Bldg. 28, Room 451 Santa Ana, CA 92701 (714) 558-4597 | Grover Beach 1562 W. Grand Avenue Grover Beach, CA 93433-2261 (805) 481-3296 |
| Riverside 3737 Main Street, Room 300 Riverside, CA 92501-3337 (951) 782-4347 | Santa Rosa 50 D Street, Room 420 Santa Rosa, CA 95404-4771 (707) 576-2452 |
| Long Beach 300 Oceangate Street, Suite 200 Long Beach, CA 90802-4304 (562) 590-5001 | Sacramento 160 Promenade Circle, Suite 300 Sacramento, CA 95834 916-928-3101 |
| Stockton 31 East Channel Street, Room 344 Stockton, CA 95202-2314 (209) 948-7980 | Los Angeles 320 W. 4th Street, 9th Floor Los Angeles, CA 90013-2329 (213) 576-7389 |
| Salinas 1880 North Main Street, Suite 100 Salinas, CA 93906-2037 (831) 443-3058 | Van Nuys 6150 Van Nuys Blvd., Room 105 Van Nuys, CA 91401-3370 (818) 901-5367 |
E-Mail: dwc@dir.ca.gov
Web Address: http://www.dir.ca.gov/dwc/
Agency Description/Mission: DWC’s mission is to minimize the adverse impact of work-related injuries on California employees and employers. DWC monitors the administration of workers’ compensation claims, and provides administrative and judicial services to assist in resolving disputes that arise in connection with claims for workers’ compensation benefits.
The California Workers’ Compensation System
Fact Sheets and Guides for Injured Workers (also available in Spanish)
Glossary of Workers’ Compensation Terms for Injured Workers
Please select a topic below to jump directly to the corresponding agency:
For more information about filing a discrimination or harassment claim in Arizona, see our page on filing a discrimination complaint: Arizona
Discrimination/Harassment – State Agency
Office of the Attorney General, Civil Rights Division (CRD)
| Phoenix 1275 West Washington Street Phoenix, AZ 85007-2926 Phone: (602) 542-5025 Fax: (602) 542-4085 | Tucson 400 West Congress South Building, Suite 315 Tucson, AZ 85701-1367 Phone: (520) 628-6504 Fax: (520) 628-6530 |
| Prescott 1000 Ainsworth Dr. Suite A-210 Prescott, AZ 86305-1610 Phone: (928) 778-1265 Fax: (928) 778-1298 |
Web Address: https://www.azag.gov/civil-rights
Agency Information/Mission: This office enforces the Arizona Civil Rights Act (A.R.S. Section 41-14 01 et seq.), by investigating complaints involving discrimination on the basis of race, national origin, religion, gender, age, disability and familial status in employment, housing, disabilities, public accommodations and voting.
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Phoenix District Office
3300 N. Central Avenue
Suite 690
Phoenix, AZ 85012-2504
Phone: 1-800-669-4000
TTY: 1-800-669-6820
For more information about this agency, see the EEOC section of our page on federal agencies
Industrial Commission of Arizona
Phoenix Office
800 W Washington St.
Phoenix, AZ 85007
PO Box 19070
Phoenix AZ 85005-9070
Phone: (602) 542-5795
Toll Free: (855) 268-5251
Fax: (602) 542-1614
Tucson Office
2675 East Broadway
Tucson, AZ 85716
Phone: (520) 628-5478
Toll Free: (855) 268-5251
Fax: (520) 322-8008
E-Mail: comments@az-ce-phoenix.osha.gov
Web Address: http://www.ica.state.az.us/ADOSH/ADOSH_main.aspx
Agency Description/Mission: Arizona Division of Occupational Safety and Health (ADOSH) operates under an approved plan with the U.S. Department of Labor to retain jurisdiction over occupational safety and health issues within Arizona, excluding mining operations, Indian Reservations and federal employees. This jurisdiction encompasses approximately 1.8 million employees and 104,000 public and private establishments.
Arizona Department of Economic Security
Employment Security Administration
Phoenix Office (for Maricopa County residents only)
P. O. Box 29225
Phoenix, AZ 85038-9225
Tucson Office (rest of state)
P. O. Box 28880
Tucson, AZ 85726-8880
Phone: (602) 364-2722 (Maricopa County only) / (520) 791-2722 (Pima County only)
Toll-Free (all other AZ residents & interstate claims): (877) 600-2722
TTY (toll-free): (877) 877-6226
Web Address: https://www.azdes.gov//
Frequently Asked Questions About Arizona Unemployment
Unemployment Insurance Benefit Forms
How to Apply for Benefits
File Your Claim Online
A Guide to Arizona Unemployment Insurance Benefits
Wage and Hour/Labor Standards – State Agency
Industrial Commission of Arizona
Labor Department
800 West Washington Street
Phoenix, AZ 85007
Phone: (602) 542-4515
Fax: (602) 542-8097
E-Mail: LaborAdmin@ica.state.az.us
Web Address: http://www.ica.state.az.us/Labor/Labor_main.aspx
Agency Information/ Mission: The Labor Department has three areas of jurisdiction: resolution of disputes involving wages; youth employment law enforcement; and the licensing of private employment agencies that charge fees to applicants.
Wage Claims
Frequently Asked Questions About Wage Claims
Frequently Asked Questions About Wage Payment Laws
Industrial Commission of Arizona Forms
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Phoenix District Office
3221 N. 16th Street, #301
Phoenix, AZ 85016-7161
Phone: (602) 640-2990
Fax: (602) 640-2979
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies
Industrial Commission of Arizona
Phoenix Office
800 West Washington Street
Phoenix, AZ 85007
Phone: (602) 542-4661
Fax: (602) 542-3373
Tucson Office
2675 E. Broadway
Tucson, AZ 85716
Phone: (520) 628-5181
Web Address: http://www.ica.state.az.us/
Agency Description/Mission: Workers’ compensation is a “no fault” system in which injured workers receive medical and compensation benefits no matter who causes the job-related accident. If an illness or injury is job-related, the injured worker (also known as a claimant or applicant) receives medical benefits and may receive temporary compensation, if eligibility requirements are met. In some cases, a claimant may also receive permanent compensation benefits and “job retraining.”
Claims Topics
Hearings Frequently Asked Questions
Preguntas Mas Frecuentes
Industrial Commission of Arizona Forms
Please select a topic below to jump directly to the corresponding agency:
For more information about filing a discrimination or harassment claim in Alaska, see our page on filing a discrimination complaint: Alaska
Discrimination/Harassment – State Agency
Alaska State Commission for Human Rights
800 A Street, Suite 204
Anchorage, AK 99501-3669
Toll-Free Complaint Hot Line: (800) 478-4692
Phone (Anchorage Area): (907) 274-4692
TTY/TDD Toll-Free Complaint Hot Line: (800) 478-3177
TTY/TDD (Anchorage Area): (907) 276-3177
Web Address: http://humanrights.alaska.gov/html/services/complaints.html
Agency Information/Mission: The Alaska State Commission for Human Rights is the state agency which enforces the Alaska Human Rights Law. The Commission consists of seven persons appointed by the Governor and confirmed by the Legislature. The Commission employs a staff and maintains an office in Anchorage. The Commission has statewide powers and accepts complaints from all regions of the state.
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Seattle District Office
Federal Office Building
909 First Avenue, Suite 400
Seattle, WA 98104-1061
Phone: (206) 220-6883
TTY: (206) 220-6882
For more information about this agency, see the EEOC section of our page on federal agencies
Alaska Department of Labor & Workforce Development
Labor Standards and Safety Division
Mailing Address: P.O. Box 21149
Juneau, AK 99801-1149
Street Address: 1111 W. 8th Street, Room 304
Juneau, AK 99801-1149
Phone: (907) 465-2700
Fax: (907) 465-2784
TDD (Juneau): (907) 465-5952 (ask for message to be relayed to LS & S)
TDD (Anchorage): (800) 770-8973 (RELAY Alaska)
E-Mail: Juneau (headquarters): juneau_lss-osh@labor.state.ak.us
Anchorage: anchorage_lss-osh@labor.state.ak.us
Web Address: http://www.labor.state.ak.us/lss/oshhome.htm
Agency Description/Mission: The Occupational Safety and Health Section enforces state occupational safety and health regulations. This section provides consultative services and training to public and private sector employers and employees. All the services provided by the Occupational Safety and Health Section are focused on reducing occupational fatalities, injuries and illness, and the regulated high cost of doing business in the state.
Alaska Department of Labor & Workforce Development
Employment Security Division
P.O. Box 25509
Juneau, AK 99802-5509
Phone: (907) 465-2712
Fax: (907) 465-4537
UI Call Center: (888) 252-2557
UI Call Center Fax: (888) 353-2937
TDD Call Center: (888) 222-0432
Victor (interactive voice response): (888) 222-9989
TDD Victor (interactive voice response): (800) 974-4782
Web Address: http://www.labor.state.ak.us/esd_unemployment_insurance/
Frequently Asked Questions
Unemployment Insurance Claimant Handbook
UI Call Centers
Wage and Hour/Labor Standards – State Agency
Alaska Department of Labor & Workforce Development
Wage and Hour Administration
Juneau
P.O. Box 20630
Juneau, AK 99802-0630
Phone: (907) 465-4842
Fax: (907) 465-3584
E-Mail: Juneau_LSS-WH@labor.state.ak.us
Anchorage
P.O. Box 107021
Anchorage, AK 99510-7021
Phone: (907) 269-4900
Fax: (907) 269-4915
E-Mail: Anchorage_LSS-WH@labor.state.ak.us
Fairbanks
675 7th Avenue, Station J
Fairbanks, AK 99701-4596
Phone: (907) 451-2886
Fax: (907) 451-2885
Web Address: http://www.labor.state.ak.us
Wage & Hour Administration
Frequently Asked Questions About Wage & Hour
Wage Claim Help
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Seattle Office
1111 Third Avenue, Suite 755
Seattle, WA 98101-3212
Phone: (206) 553-4482
Fax: (206) 553-2883
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies
Alaska Department of Labor & Workforce Development
Workers’ Compensation Division
Anchorage Office
3301 Eagle Street
Suite 304
P.O. Box 107019
Anchorage, AK 99510-7019
Phone: (907) 269-4980
Fax: (907) 269-4975
Alaska Department of Labor & Workforce Development
Workers’ Compensation Division
Fairbanks Office
675 Seventh Avenue
Station H2
Fairbanks, AK 99701-4593
Phone: (907) 451-2889
Fax: (907) 451-2928
Alaska Department of Labor & Workforce Development
Workers’ Compensation Division
Juneau Office
1111 W. Eighth Street, Room 305
P.O. Box 115512
Juneau, AK 99811-5512
Phone: (907) 465-2790
Fax: (907) 465-2797
Web Address: http://labor.state.ak.us/wc/home.htm
Agency Description/Mission: The Workers’ Compensation Division is the administrative arm of the Workers’ Compensation Board. Its basic purpose is to ensure that Alaska workers who suffer injury or disease from their employment receive medical care and cash wage benefits during disablement through their employers or their employers’ insurance companies.
Please select a topic below to jump directly to the corresponding agency:
For more information about filing a discrimination or harassment claim in Alabama, see our page on filing a discrimination complaint: Alabama
Discrimination/Harassment State Agency
Alabama has no state agency that enforces anti-discrimination laws; see the local EEOC office(s) below.
Discrimination/Harassment Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Birmingham District Office
Ridge Park Place
1130 22nd Street
Suite 2000
Birmingham, AL 32205
Phone: 1-800-669-4000
TTY: 1-800-669-6820
For more information about this agency, see the EEOC section of our page on federal agencies.
Occupational Safety & Health Administration (OSHA)
Birmingham Area Office
Medical Forum Building
950 22nd Street North, Room 1050
Birmingham, AL 35203
Phone: (205) 731-1534
Fax: (205) 731-0504
Occupational Safety & Health Administration (OSHA)
Mobile Area Office
1141 Montlimar Drive, Suite 1006
Mobile, AL 36609-4309
Phone: (251) 441-6131
Fax: (251) 441-6396
For more information about this agency, see the OSHA section of our page on federal agencies
Alabama Department Of Industrial Relations
Unemployment Compensation Division
649 Monroe Street, Room 4676
Montgomery, Alabama 36131
Phone: (334) 242-8800
Toll-Free Claims Filing: (866) 234-5382
TTY: (800) 499-2035
Fax: (334) 242-8843
Web Address: http://dir.alabama.gov/uc/
Claims and Benefits FAQ
Miscellaneous Information
Telephone Numbers for Claimants
Wage and Hour/Labor Standards State Agency
Alabama has no state agency that enforces wage and hour laws; see the local DOL office(s) below.
Wage and Hour/Labor Standards Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Birmingham Alabama District Office
Medical Forum Building
Suite 656
950 22nd Street North
Birmingham, AL 35203-3711
Phone: (205) 731-1305
Fax: (205) 731-3482
U.S. Department of Labor (DOL)
ESA Wage & Hour Division
Montgomery Alabama Area Office
4001 Carmichael Road
Suite 215
Montgomery, AL 36106
Phone: (334) 223-7641
Fax: (334) 741-9909
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies
Alabama Department of Industrial Relations
Workers’ Compensation Division
649 Monroe Street
Montgomery, AL 36131
Phone: (334) 242-2868
Toll-Free: (800) 528-5166
Web Address: http://dir.alabama.gov/wc/
Agency Description/Mission: The Workers’ Compensation Division is responsible for the administration of the Alabama Workers’ Compensation Law to ensure proper payment of benefits to employees injured on the job and encourage safety in the work place. The main function of the Division is to ensure proper payment of compensation benefits along with necessary medical attention to employees injured on the job or their dependents in case of death.
Guide to Benefits and Claim Filing
Workers’ Compensation Division Directory
Please select a topic below to jump directly to the corresponding agency:
For more information about filing a discrimination or harassment claim in Arkansas, see our page on filing a discrimination complaint: Arkansas
Discrimination/Harassment – State Agency
Arkansas has no state agency that enforces anti-discrimination laws; see the local EEOC office below.
Discrimination/Harassment – Local Offices of Federal Agency (EEOC)
Equal Employment Opportunity Commission (EEOC)
Little Rock Area Office
820 Louisiana Street
Suite 200
Little Rock, AR 72201
Phone: 1-800-669-4000
Fax: (501) 324-5481
TTY: 1-800-669-6820
For more information about this agency, see the EEOC section of our page on federal agencies.
Occupational Safety & Health Administration (OSHA)
Little Rock Area Office
10810 Executive Center Dr.
Danville Bldg #2, Ste 206
Little Rock, AR 72211
Phone: (501)-224-1841
Fax: (501)-224-4431
For more information about this agency, see the OSHA section of our page on federal agencies
Arkansas Employment Security Department
#2 Capitol Mall
Little Rock, AR 72201
Toll-Free Claims Filing Number (ArkLine): (501) 907-2590
Web Address: http://www.accessarkansas.org/esd/
Agency Description/Mission: ESD’s mission is to provide its customers with employment-related services that contribute to the economic stability of Arkansas and its citizens. These services are provided to employers, the workforce and the general public and include: linking employers with qualified job applicants; helping the employed and unemployed find work or training; providing unemployment insurance benefits to those eligible; facilitating employer compliance with Arkansas Employment Security Law; collecting unemployment insurance contributions; and producing and communicating labor market information.
Frequently Asked Questions
How to File a UI Claim
Local Offices
Wage and Hour/Labor Standards – State Agency
Arkansas Department of Labor
Labor Standards Division
10421 West Markham
Little Rock, Arkansas 72205
Phone: (501) 682-4500
Fax: (501) 682-4535
Web Address: http://www.labor.ar.gov/divisions/Pages/default.aspx#standards
Agency Information/Mission: The Arkansas Department of Labor was given the responsibility of enforcing the labor laws of the state in 1913. Today, the mission of the Arkansas Department of Labor is to foster, promote, and develop the health, safety and welfare of the wage earners of Arkansas by providing services and enforcing laws to improve working conditions and enhance their opportunities for safe and profitable employment.
Minimum Wage and Overtime
Wage Claims
Frequently Asked Questions: Labor Department
Wage and Hour/Labor Standards – Local Offices of Federal Agency (DOL)
U.S. Department of Labor
ESA Wage & Hour Division
Little Rock Arkansas District Office
10810 Executive Center Drive
Danville Building, Suite 220
Little Rock, AR 72221
Phone: (501)-221-4600
Toll Free: 1-866-487-9243
Fax: (501) 324-5129
For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies
Arkansas Workers’ Compensation Commission
324 Spring Street
P. O. Box 950
Little Rock, AR 72203-9050
Phone: (501) 682-3930
Toll-Free: (800) 622-4472
Legal Advisor Direct: (800) 250-2511
Arkansas Relay System TDD: (800) 285-1131
E-mail Address: info@awcc.state.ar.us
Web Address: http://www.awcc.state.ar.us
Agency Description/Mission: The mission of the Arkansas Workers’ Compensation Commission is to provide a fair, efficient, and professional public agency to serve the people of Arkansas by administering actions required or authorized by Arkansas workers’ compensation law.
Basic Facts About Workers Compensation in Arkansas
Downloadable Forms
At 9:00 A.M. sharp on August 10, a small phalanx of smiling, well-coiffed elderly women began herding a crowd of several dozen people into the auditorium of the National Mine Health and Safety Academy in Beckley, West Virginia.
Among the crowd were former coal miners and their spouses, lawyers, pulmonologists, black lung clinic staff, environmental activists, local media, union representatives, and concerned citizens — all there to attend a public hearing for a new proposed rule from the Mine Safety and Health Administration (MSHA) that seeks to limit silica exposure in the nation’s coal mines to 50 micrograms per cubic meter, down from 100.
I was there too, both to document the proceedings and offer my own brief testimony. I have been following this rule’s progression since I began reporting on the black lung epidemic last year, and was thrilled to see it finally enter the public comment portion.
As I found in my recent investigation for In These Times, black lung now afflicts more than one in eight coal miners in Kentucky and West Virginia who have been working underground for 20-24 years, up from one in 30 a decade ago. Younger miners — those who have spent only 15-19 years underground — are becoming sicker with pulmonary massive fibrosis, the most severe form of the disease.
As I wrote then, workers in their 30s and 40s are now making their way to the same black lung clinics that served their parents and grandparents, and fighting the same battles against red tape and corporate malfeasance to win black lung benefits. And it is all completely preventable.
The hearing in Beckley was chaired by Patricia Silvey, Deputy Assistant Secretary for Operations at MSHA, and stretched for nearly four hours of comments, testimonies, personal stories, questions and occasional pushback from the agency.
It was the second such hearing to be held — and almost didn’t happen at all.
The first hearing had taken place a week earlier, on August 3, in Arlington, Virginia, and another is being held on August 21, in Denver, Colorado. Both those locations make logistical sense: MSHA operates a training center near Denver, and the Arlington location is both right outside Washington, D.C., and also near the United Mine Workers of America (UMWA) headquarters in nearby Triangle, Virginia.
But without the addition of Beckley, the Central Appalachia communities most affected by the proposed rule — and hit the hardest by the black lung epidemic that is currently ravaging the region’s coal miners as a result of overexposure to respirable crystalline silica — would have struggled to make their voices heard during the crucial public comment period.
Beckley was hastily added to the schedule after local advocacy groups like Appalachian Voices called on MSHA to include a hearing in the region.
“Many impacted workers and families are struggling financially because their family members are no longer able to work due to black lung disease, and traveling such a long distance is simply not a financial possibility,” Appalachian Voices explained in a July 10 letter to MSHA. “Other impacted workers are not physically well enough to make the roundtrip so far away.”
As it stood, many of the attendees at the Aug. 10 hearing still had to go the extra mile to make it out. Vonda Robinson, vice president of the National Black Lung Association, and her husband John, a former miner now struggling with advanced black lung disease, drove three hours from their home near the Tennessee border.
Both spoke in favor of strengthening the proposed rule to ensure that mine operators can’t cut corners with miners’ safety. Her voice strong with emotion, Vonda Robinson told the hearing room how much the disease has damaged her 57-year-old husband’s quality of life, and how badly it pains her to see younger men still being stricken with it today.
This is a segment of a blog that originally appeared in full at In These Times on August 21, 2023. Republished with permission.
About the Author: Kim Kelly is an independent labor journlist and author of Fight Like Hell: The Untold History of American Labor. Asbestos killed her grandfather, a former steelworker, and she hopes to help prevent others from losing their own loved ones to occupational disease.
]]>Wyoming law does not address the question of overtime payments except for state and county employers and employers with public works contracts. Anyone who works on a public works contract is entitled to one and one half times her/his ordinary rate of pay for any hours worked over 40 in a given week. State and county employees are entitled to similar overtime, subject to special rules and regulations.
Wyoming’s basic minimum wage is $5.15 an hour; however, for most employees, employers must pay employees the federal minimum wage of $7.25 an hour. Wyoming defines a tipped employee as someone who receives more than $30 in tips per month. Tipped employees can receive a lower cash wage than the standard minimum wage due to the “Tip Credit”. This allows up to $3.02 in tips per hour to be deducted from their wage. This means that tipped employees must be paid a minimum cash wage of $2.13 per hour, for a total minimum compensation of $5.15 per hour when tips are included.
Like federal law, Wyoming law does not require employers to provide meal or rest breaks to their employees.
If your employer owes you wages, you can file a claim with the Wyoming Department of Workforce Services. The Department has the authority to investigate your claim, hold hearings, and issue a decision that either party can have reviewed within the Department and, eventually, by a court.
Do not delay in contacting the Wyoming Department of Employment to file a claim. There are strict time limits in which charges of wage-and-hour violations must be filed. In order for the Department to act on your behalf, you must file your claim within two years of the date on which your wages were due. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible, although it is not necessary to have an attorney to file your claim with the Department.
It is also possible to file a lawsuit to recover unpaid wages from your employer. In addition to awarding you your back wages, the court can also require your employer to pay you 18% annual interest on those wages, and to pay your litigation costs and attorneys’ fees. It is unclear what the statute of limitations is in such a case, so if you are considering a lawsuit, you should contact an attorney as soon as possible.
Like federal law, Wisconsin law requires employers to pay employees one and one half times their regular hourly wage for all hours worked in excess of 40 in a given week. Wisconsin’s overtime law generally applies only to private sector employees; state and local employees are covered by the federal overtime requirements. Anyone who is not covered by the state’s minimum wage law is also not covered by the state’s overtime law. In addition, the following employee’s who are covered by the state’s minimum wage law are not covered by the state’s overtime law:
Wisconsin’s minimum wage is $7.25 per hour. If employees receive tips, your employer must pay you at least $2.33 per hour in wages. If the tips combined with the hourly wage of at least $2.33 per hour do not average at least $7.25 per hour over the course of the pay period, your employer must make up the difference. See the Wisconsin website for more information.
Employees under 18 must be provided a 30-minute meal break for every shift greater than six hours in duration; this break does not have to be paid. Agricultural migrant workers must also be provided with a 30-minute break for each six-hour continuous shift, unless the shift can be completed within one more hour. Migrant workers who are not only employed in agriculture must be given a rest period of at least 10 minutes for each continuous five-hour shift.
Employers are not required to provide any other breaks. Meal or rest breaks shorter than 30 minutes must be paid if they are provided. Meal breaks during which the employee is not free to leave the premises must also be paid.
See the Wisconsin Workforce Development website for information on filing a claim.
Do not delay in contacting the Department of Workforce Development to file a claim. There are strict time limits in which charges of wage-and-hour violations must be filed. In order for the Department to act on your behalf, you must file your claim within two years of the date on which your wages were owed. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim with the Department.
Instead of filing a claim with the Department of Workforce Development, you may bring a lawsuit in court to recover your unpaid wages. In addition to awarding you your back wages, the court may also require your employer to pay your litigation costs and attorneys’ fees. There is a statute of limitations of two years for this kind of lawsuit.
Under West Virginia law, employers must pay one and one-half times the regular rate of pay for all hours worked in excess of 40 hours a week. This overtime requirement applies to any employer that employs six or more employees in any one separate, distinct and permanent location
For employers with six or ore nonexempt employees, the minimum wage is $8.75 per hour. Employers are permitted a 70% credit against the minimum wage requirement for their employees that regularly receive tips. Employers that take advantage of this credit may pay their tipped employees a minimum cash wage of $2.62 per hour. However, if during any given workweek a tipped employee does not receive an hourly rate, plus tips, to equal the required
minimum wage amount of $8.75 per hour, the employer must increase that individual’s hourly wage by whatever amount is necessary to meet the full minimum wage requirement. See the West Virginia website for more information.
West Virginia law requires employers to allow a 20 minute meal break to those employees working at least a six hour shift.
See the Virginia Department of Labor for information on how to file a claim.
If you have a wage/hour complaint, do not delay in contacting Labor Standards or an attorney. There are strict time limits in which wage claims must be filed. A claim for unpaid wages must be filed within two years of accrual.
Employees can bring an action in court to recover unpaid wages, and attorneys’ fees and costs are recoverable. Liquidated damages are calculated at twice the total amount of unpaid wages owed. A claim for unpaid wages in court must be filed within two years of accrual.
Like federal law, Washington law requires that employees be paid at one and one half times their normal rate of pay for any hours worked over 40 in any given workweek of 168 hours (7 days). Those employees not covered by the state’s minimum wage law are also not covered by the state’s overtime provisions (see #2 below). In addition, the following employees who are covered by the state’s minimum wage law are not covered by the state’s overtime law:
Washington’s minimum wage for tipped and non-tipped employees is $16.28 per hour, which is higher than the federal minimum wage is of $7.25.
Washington is one of the few states that doesn’t allow employers to take a tip credit, meaning that employers must pay all employees at least the state minimum wage, regardless of how much they earn in tips. See the Washington website for more information.
Unlike federal law, Washington law requires employers to provide rest breaks to employees. Workers must be allowed a paid rest break of at least 10 minutes for each 4 hours worked; that rest period must be allowed no later than the end of the third hour of the shift. If a worker works more than five hours in one shift, he or she must be allowed at least a 30-minute meal period; the meal period must take place at least two hours into the shift and no later than five hours after the beginning of the shift. The meal break does not have to be paid if the worker is free from all duties during the meal period.
See the Washington Department of Labor for information on how to file a claim.
Do not delay in contacting the Department to file a complaint. There are strict time limits in which charges of wage-and-hour violations must be filed. The statute of limitations for cases regarding minimum wage, overtime, and oral contracts is three years (six years for written contracts), and the Department must investigate your claim and give notice to the employer. If you file your claim after the statute of limitations has run or just before it expires, the Department will be unable to assist you. As you might have other legal claims with shorter deadlines, do not wait to file your claim. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim with the district and federal administrative agencies.
If your employer has not paid you overtime wages or the minimum wage, you can bring a private lawsuit in court instead of filing a complaint with the Washington State Department of Labor and Industry. The court may award you the wages you are owed and may require your employer to pay your litigation costs and attorneys’ fees. The statue of limitations for such a claim is three years. If your employer owes you wages not in connection with overtime or the minimum wage, you can bring an action for breach of contract. If the contract was oral, the statute of limitations is three years; if it is written, the statute of limitations is six years. If you recover more than what your employer admits you are owed, the court will require your employer to pay your litigation costs and your attorneys’ fees.
Virginia state law does not cover the issue of overtime pay. For that reason, only federal overtime law applies in the state.
Virginia’s minimum wage is $12.41 per hour. The minimum wage for tipped employees is 50% of the full minimum wage. employers can pay tipped employees a lower wage if the employee earns enough tips to make up the difference. This is called a “tip credit”. The minimum cash wage for tipped employees under federal law is $2.13 per hour. See the Virginia website for more information.
Like federal law, Virginia does not require employers to provide employees with meal or rest breaks. The one exception is for employees under 16, who must be provided a 30-minute meal or rest period for every five hours worked.
If your employer owes you wages, you can file a claim with the Virginia Department of Labor and Industry.
Do not delay in contacting the Department of Labor and Industry to file a wage claim. There are strict time limits in which charges of wage-and-hour violations must be filed. In order for the Department to act on your behalf, you must file your wage claim within three years from the date on which your wages were due. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim with the district and federal administrative agencies.
If your employer has failed to pay you the minimum wage, instead of going through the Department of Labor and Industry you can file a private lawsuit. The court can award you the amount of the unpaid minimum wages and interest. The court may also require your employer to pay your attorneys’ fees. The statute of limitations for such an action is two years. If your employer has failed to pay your wages (unrelated to the minimum wage), you may also be able to bring a lawsuit based on breach of contract. If you are interested in pursuing this instead of going through the Department of Labor and Industry, you should contact an attorney.
Like federal law, Vermont law requires that employees be paid at one and a half times their regular rate of pay for any hours worked over 40 in any given workweek. Vermont’s overtime provision does not apply to anyone to whom the state’s minimum wage provision does not apply. In addition, the state’s overtime provision does not apply to any of the following employees to whom the state’s minimum wage does apply:
Vermont’s minimum wage is $14.01 per hour, higher than the federal minimum wage of $7.25 per hour. The minimum wage for tipped employees is $7.01 an hour.
Tipped employees who regularly receive more than $120.00 per month in tips can be paid at a rate lower than the minimum wage, but under no circumstances can they be paid at less than the basic wage rate. Employers can take the tip credit for time spent on duties related to the tipped occupation, even if those duties don’t directly produce tips. However, if the employee spends more than 20% of their time on non-tipped duties, the employer can’t take the tip credit. See the Vermont website for more information.
Vermont law goes beyond federal law in that it requires employers to provide employees “reasonable opportunities” to eat and use the restroom. Breaks may be unpaid if they are less than 30 minutes. The law is not more specific than that, however.
If your employer owes you wages, you can electronically file a wage claim with the Vermont Department of Labor.
Do not delay in contacting the Department of Labor to file a claim. There are strict time limits in which charges of wage-and-hour violations may be filed. In order for the Department to act on your behalf, you must file your wage claim within two years from the date on which your wages were due. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim with the Department.
If your employer has paid you less than the minimum wage, you can bring a lawsuit in court to recover twice the minimum wage, less any wages you were actually paid. The court may also require your employer to pay your litigation costs and attorneys’ fees. There appears to be a six-year statute of limitations on such actions, but this is not clear, and you should consult an attorney as soon as possible to consider filing suit. If your employer owes you wages (unrelated to minimum wage issues), you can also bring a lawsuit in court. In such a case, the court may award you twice the wages you are owed, as well as require your employer to pay your litigation costs and attorneys’ fees. The statute of limitations for such a claim is two years.
Utah state law does not cover overtime. For that reason, only federal overtime law applies in the state.
Like the federal minimum wage, Utah’s minimum wage is currently set at $7.25.
The minimum wage for tipped employees is $2.13 per hour, but only if their tips bring their total earnings to at least $7.25 per hour. If tips don’t raise an employee’s hourly pay to at least the minimum wage, the employer must make up the difference.
Utah allows employers to take a tip credit. Employers must pay tipped employees at least $2.13 an hour. If an employee doesn’t earn enough in tips to bring his or her total compensation up to at least the full state minimum wage rate an hour, the employer must make up the difference. See the Utah website for more information.
Utah law only requires employers to provide meal and rest breaks to minors (under 18). Employers must provide minors a meal period of at least 30 minutes not later than five hours after the beginning of the workday. If the minor employee cannot be relieved of all duties and permitted to leave the work state or area, the meal period must be paid as time worked. Minors must also be given rest breaks of at least 10 minutes for every three hours worked.
See the Utah Labor Commission for details on how to file a claim.
Do not delay in contacting the Commission to file a claim. There are strict time limits in which charges of wage-and-hour violations must be filed. In order for the Commission to act on your behalf, you must file your wage claim within one year from the date your wages were due. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim with the Commission.
If your employer has not paid you the minimum wage, instead of filing a wage claim with the Commission, you may bring a lawsuit against your employer in court. In addition to awarding you the wages you are owed, the court may require your employer to pay your litigation costs and attorneys’ fees. There is a two-year statute of limitations for such suits. If your employer owes you wages you have earned (unrelated to the minimum wage law) you may also file a lawsuit for breach of contract instead of filing with the Commission. In that case, the court may also award you litigation costs and attorneys’ fees, but only if you make a written demand to your employer for the sum you were owed (and not greater) fifteen days prior to bringing the lawsuit. For suits brought for breach of contract, there is a six-year statute of limitations.
The Texas minimum wage is tied to the federal minimum wage, which is currently $7.25. The minimum wage for tipped employees is $2.13. See the Texas website for more information.
If your employer has not paid you wages you are owed, you can file a wage claim with the Texas Employment Commission. There is an elaborate procedure of investigations and hearings described here. The form for filing a wage claim can be found here. If you are not happy with the outcome of the process, you can ask a court to review the case. If your wage claim is valid, you may be entitled to double the amount you are owed from your employer. If your employer is paying you below the minimum wage, you can also bring a private lawsuit.
Do not delay in contacting the Texas Employment Commission to file a claim. There are strict time limits in which charges of wage-and-hour violations must be brought. In order for the Commission to act on your behalf, you must file within two years after the date the wages were due for payment. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible, although it is not necessary to have an attorney to file your claim the Commission.
If your employer has failed to pay you the minimum wage, you have two years from the date the wages were due to file a lawsuit to recover the unpaid wages. Your employer is liable to you for twice the amount you are owed in wages, and the court may also require your employer to pay your litigation costs and attorneys’ fees. If your employer has otherwise failed to pay your wages under Texas law, you must go through the administrative process described in the previous section.
Tennessee state law does not have overtime laws that are different from federal overtime law.
Tennessee’s minimum wage is $7.25 an hour. The minimum wage for tipped employees is $2.13, as long as the employee’s tips make up the difference to reach the federal minimum wage of $7.25 per hour.
Unlike federal law, Tennessee does require meal breaks. Every employee in a non-government business with five or more employees is entitled to a 30-minute unpaid rest break or meal break if scheduled to work six hours consecutively, unless the nature of the business provides for ample opportunity to rest or take an appropriate break (such as security guards). The break must happen after the first scheduled hour of work. Minors (under 18) must be provided this rest or meal break regardless of the nature of the business.
If your employer owes you wages, you can file a claim with the Tennessee Department of Labor and Workforce Development Division of Labor Standards.
Do not delay in contacting the Division of Labor Standards to file a claim. While there is no specific time deadline for filing a claim with the Division, there is a general statute of limitations of one year in Tennessee. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim with the Division.
Instead of filing a wage claim with the Division of Labor Standards, you may also be able to file a claim in state court. Tennessee’s Wage Regulation Act (which does not address minimum wage or overtime) provides a private right of action only in some cases involving violations of rules about tipped employees. You should consult with an attorney about this possibility.
South Dakota state law does not address the issue of overtime pay; for that reason, only federal law applies in the state. State law nonetheless does indicate that a workday in any manufacturing or mechanical occupation shall consists of eight hours unless there is an express agreement to the contrary.
South Dakota’s minimum wage is $11.50 per hour, higher than the federal minimum wage of $7.25 per hour. The minimum wage for tipped workers is $5.75. Employers can take a “tip credit” of up to 50% of the state minimum wage, meaning they must pay tipped employees at least the minimum wage when tips are included. See the South Dakota website for more information.
Like federal law, South Dakota law does not require employers to provide meals or rest breaks.
If your employer owes you wages, you can file a claim with the South Dakota Department of Labor and Regulation. The address is listed below. If the Department finds that your claim is valid, it can sue your employer in court on your behalf. If your employer was oppressive, fraudulent, or malicious in her/his refusal to pay you the wages you were owed, you may be entitled to twice what you are owed.
South Carolina law does not address the issue of overtime payments, so only federal overtime law applies in South Carolina.
South Carolina law does not address the issue of minimum wage. Therefore, the federal minimum wage of $7.25 per hour. The minimum wage for tipped employees is $2.13 as long as the total of their cash wage and tips is at least $7.25 per hour. If the total is less than $7.25, the employer must make up the difference.
South Carolina law does not require employers to provide meal or rest breaks for employees.
State law requires an employer of five or more employees to notify each employee in writing at the time of hiring of the wages agreed upon, the time and place of payment, and the deductions which will be made from wages, including insurance programs.
If your employer owes you wages, you may file a complaint online with the South Carolina Department of Labor, Licensing, and Regulation’s Office of Wages and Child Labor. The form can also be printed and mailed. If the Department determines that a violation of the wage-and-hour laws has occurred, it will issue a notice; the employer may request a review of the notice.
Do not delay in contacting the Department to file a claim. There are strict time limits in which charges of employment discrimination must be filed. In order for the Department to act on your behalf, you must file the claim form within three years from the date that your wages are due. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim.
Instead of filing a wage claim with the Department of Labor, Licensing, and Registration, you may bring a suit in court for unpaid wages. The court may award you up to three times the unpaid wages, as well as your litigation costs and reasonable attorneys’ fees. The statute of limitations for such a suit is three years.
Like federal law, Rhode Island law requires that employees be paid one and one-half times their regular rate of pay for all hours worked over 40 in any given workweek. Anyone who is not covered by the minimum wage requirements (see below) is not covered by the overtime requirements.
In addition, the following employees who are covered by the minimum wage requirements are not covered by the overtime requirement:
The minimum wage in Rhode Island is $15.00 per hour, which is higher than the federal minimum wage of $7.25 per hour. For tipped workers, the minimum wage is set at $3.89 per hour. This is the base hourly rate that employers must pay, regardless of the tips that an employee receives. However, employers are also responsible for ensuring that the employee’s hourly wage plus tips equals at least the minimum wage for non-tipped workers ($15.00 per hour). See Rhode Island’s website for more information.
All employees have a right to a 20-minute break for a meal for a six-hour shift, and a 30-minute meal break for an eight-hour shift. Employers do not have to pay employees while they are on these breaks. This doesn’t apply to health care employees, or employers with less than three people on shift.
If your employer owes you wages, you can file a complaint with the Rhode Island Department of Labor and Training Division of Labor Standards. Before submitting the form, however, you must formally ask your employer for the wages (s)he owes you. The Department will attempt to help resolve the situation, and if this is unsuccessful may bring a complaint in court on your behalf. If the court case is successful, the court may award you whatever wages you are owed as well as any other benefits you are owed; in some circumstances, the court may also award that you be reinstated at your job.
Do not delay in contacting the Rhode Island Department of Labor and Training. There are strict time deadlines in which charges of wage-and-hour violations must be filed. In order for the Department to act on your behalf, you must file your claim within three years. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim with the Department.
Instead of filing a claim with the Rhode Island Department of Labor and Training, you may file a claim in court to collect your unpaid wages. You must nonetheless at least inform the Department of the violation. There is a one-year statute of limitations for such a claim. The court may order that you be reinstated in your job and may order your employer pay you back wages and benefits owed. The court may also require your employer to pay your litigation costs.
Like federal law, Pennsylvania law requires that employees be paid one and one-half time their regular rate of pay for any hours worked over 40 in any seven-day workweek.
Anyone who is not covered by Pennsylvania’s minimum wage (see the next section, below) is also not covered by the state’s overtime provisions. In addition, the following individuals who are covered by the state minimum wage requirement are not covered by the overtime requirement:
Pennsylvania’s minimum wage is $7.25 per hour. Pennsylvania’s tipped minimum wage is $2.83 per hour. An employee is considered tipped if they spend no more than 20% of their workweek on non-tipped tasks.
An employer can take a tip credit for an employee’s base hourly wage if the employee earns at least $135 in tips per month. The base hourly wage and tips must add up to at least $7.25 per hour. If the employee earns less than $7.25 per hour, the employer must make up the difference. See the Pennsylvania website for more informaion.
No cities or counties in Pennsylvania currently have a minimum wage that is different from the federal minimum of $7.25 per hour.
Pennsylvania law does not require employers to provide meal or rest breaks to employees 18 years old or older. If your employer does provide you with a break of 20 minutes or less, (s)he is required to pay you for that time. Employers are not required to pay for meal periods over 20 minutes during which employees are not working. Employees between 14 and 17 years old must receive breaks of 30 minutes for every five consecutive hours worked.
If your employer owes you wages, you can file a wage claim with the Pennsylvania Department of Wage and Industry. If your claim is valid, the Department will contact your employer in order to help you recover your unpaid wages. If that is not successful, the Department can also bring a suit in court on your behalf against your employer. If your employer does not pay you within 60 days of your filing a claim, you may be entitled to an additional 25% of the value of the wages you are owed.
Do not delay in contacting the OHR or EEOC to file a claim. There are strict time limits in which charges of wage-and-hour violations must be filed. In order for the Pennsylvania Department of Labor to act on your behalf, you must file your wage complaint within three years of when your wages are due, since this is the statute of limitations for filing a case for unpaid wages. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible.
Instead of filing a wage claim with the Department of Labor, you may also file an individual suit in court to recover your unpaid wages. The statute of limitations for such a claim is three years after the date on which your wages were due. Under certain conditions, the court may require the employer who owes you wages to pay your attorneys’ fees and may award you an additional 25% of the wages you are owed.
More answers about wages in Pennsylvania may be found here.
Like federal law, Oregon state law requires employers to pay employees one and one-half times the employee’s regular rate of pay for all hours over 40 worked in any seven-day work week. Overtime pay is mandatory in Oregon and may not be replaced with comp time (except for government employees), even if the employer and the employee come to an agreement.
Oregon’s overtime provisions do not apply to anyone not covered by the state minimum wage requirement (see below). The state overtime requirements also do not apply to anyone to whom the federal overtime requirements do not apply. As a result, the following employees not exempt from the state minimum wage law are exempt from the state’s overtime requirement:
Oregon’s minimum wage rates are expected to rise on July 1, 2025, due to increasing inflation. The state uses a tiered system with three minimum wage categories based on geographic regions: Standard, Portland metro, and Non-urban. The applicable minimum wage is determined by where workers spend at least half of their weekly work hours.
Standard Minimum Wage: Currently $14.70, this rate covers areas including Benton, Clatsop, Columbia, Deschutes, Hood River, Jackson, Josephine, Lane, Lincoln, Linn, Marion, Polk, Tillamook, Wasco, Yamhill, and parts of Clackamas, Multnomah, and Washington Counties outside the urban growth boundary. It will remain unchanged until June 30, 2025, but is expected to increase on July 1, 2025, since it is adjusted annually for inflation based on the Consumer Price Index for All Urban Consumers (CPI-U) for the U.S. City Average. The CPI-U has increased by 0.2 percent each month from July to October 2024. Oregon’s two other minimum wage rates are tethered to the Standard minimum wage.
Portland Metro Area: Currently $15.95, this rate covers parts of Clackamas, Multnomah, and Washington Counties within the urban growth boundary. It is set at $1.25 above the Standard minimum wage and will likely increase on July 1, 2025.
Non-urban Minimum Wage: Currently $13.70, this rate covers the counties of Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, and Wheeler. This rate is set at $1 less than the Standard minimum wage and will also likely increase on July 1, 2025.
Employers should review their employees’ salaries and wages to ensure all non-exempt employees are earning at least the minimum wage based on where they work. The Oregon Bureau of Labor & Industries (BOLI) will calculate an adjustment of the standard minimum wage rate by April 30 of each year and maintains a list of applicable rates. BOLI provides an interactive map to help identify the applicable wage category for each geographic area.
Yes. For every work period of six to eight hours, employees are entitled to a 30-minute meal period. If an employer cannot provide such a 30-minute meal period because of the nature or circumstances of the work, (s)he must permit employees to eat while working and pay employees for that time. An employer may also provide a shorter meal period (minimum of 20 minutes) if (s)he can show that there is an industry practice of a shorter paid meal period. In addition and separate and apart from the 30-minute meal period, each employee is entitled to a ten-minute break for every four hours worked; unlike the 30-minute period, this cannot be deducted from wages.
If your employer owes you wages, you may file a wage claim with the Wage and Hour Division of Oregon’s Bureau of Labor and Industries. The process is explained in depth here.The Division has the authority to investigate, attempt to settle disputes, sue employers, and make complaints in criminal court.
Do not delay in contacting the Wage and Hour Division of the Bureau of Labor and Industries to file a claim. There are strict time limits in which charges of wage-and-hour violations must be filed. There is a general statute of limitations of six years for wage cases, but a statute of limitations of two years for overtime cases. The Division can only help you if you file a claim within these time periods. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim with the district and federal administrative agencies.
Instead of filing a wage claim with the Wage and Hour Division, you may also file a lawsuit in court. In court, you may recover $200 or the wages you are owed, whichever is greater. In addition, the court can require your employer to pay your attorneys’ fees and litigation costs. The statute of limitations for wage cases is six years, except for overtime claims, in which case the statute of limitations is two years long.
If an employee’s employment ceases and their employer willfully fails to pay the employee’s wages or compensation, the court may award the plaintiff-employee wages or compensation at their normal hourly rate for eight hours a day from the time employment ceases up until the action has commenced as a failure for nonpayment. This compensation cannot continue for more than 30 days. However, the penalty may not exceed 100 percent of the employee’s unpaid wages of compensation.
Oklahoma has no state overtime laws. Only federal overtime law applies.
Oklahoma has adopted the federal minimum wage rate, which is currently $7.25. Tipped employees can be paid $2.13 per hour, as long as their total earnings (cash wage plus tips) meet the minimum wage.
Oklahoma state law does not provide meal or rest breaks for employees 16 and older. For employees under the age of 16, who may only work in agriculture or domestic service, rest breaks of one hour must be provided for every eight hours worked; if they work at least five hours but not eight, they are entitled to a half-hour rest break.
If your employer owes you wages, you can file a wage claim with the Oklahoma Department of Labor. The Department of Labor is authorized to hold a hearing and, if it determines that your claim is valid, it can issue a binding order to your employer to pay. If the Department of Labor decides to take your case to court, you will receive double the wages you are owed.
Do not delay in contacting the Oklahoma Department of Labor to file a claim. While it is unclear what the time deadlines are, the Department will not be able to assist you if a long period of time has elapsed since your employer was supposed to pay you. As you might have other legal claims with strict time deadlines, do not wait to file your claim. It may be helpful to consult with an attorney before filing your claim, but it is not necessary to have an attorney to file your claim with the district and federal administrative agencies.
Instead of filing a wage claim with the Department of Labor, you or your attorney may also file a lawsuit in any court of competent jurisdiction. If you win, the court may require your employer to pay your attorneys’ fees and costs, as well as pay you double what you are owed in unpaid wages. It is unclear under state law what the statute of limitations is for such a case, but you should not wait to bring it once you have consulted an attorney.
Under Ohio law, overtime shall be paid at one and one-half the employee’s wage rate for hours worked over 40 in a pre-established work week, consisting of not more than seven consecutive days. This overtime requirement does not apply to employers who gross less than $150,000 per year.
The minimum wage for non-tipped employees is $10.70 per hour and $5.35 per hour for tipped employees. The minimum wage will apply to employees of businesses with annual gross receipts of more than $394,000 per year. See Ohio’s website for more information.
Under Ohio law, the employer is not required to give lunch or restroom breaks. However, if the employee is under 18 years of age, an employer is required to give the employee a half hour break for every five hours worked.
The Ohio Department of Commerce’s Division of Labor and Worker Safety, Wage and Hour Bureau handles wage and hour complaints. There are separate forms for filing a minimum wage complaint and for filing a prevailing wages complaint.
If you have a wage/hour complaint, do not delay in contacting Labor Standards or an attorney. There are strict time limits in which wage claims must be filed.
Employees can bring an action in court to recover unpaid wages, and attorneys’ fees and costs are recoverable. The latest an employee can file a suit is three years from the last violation, or one year after the state has come to a final decision on the case – whichever is later.
Like federal law, North Dakota law requires that employees be paid one and one-half times their regular rate of pay for all hours worked in a given week over 40 hours. The following employees are not covered by this law:
In addition, anyone exempt from North Dakota’s minimum wage law (see below) is also exempt from the state’s overtime law. The following employees exempt under federal law are non-exempt and covered under North Dakota law:
North Dakota has a minimum wage of $7.25 per hour, which is identical to the federal minimum wage. Employers can use tips and gratuities to reduce the minimum wage required to $4.86 per hour.
The minimum wage must be paid to all employees in every occupation in the state, with the following exceptions:
Anyone who is not covered under the federal minimum wage law and who is not in this list is covered under North Dakota’s minimum wage. This includes:
If the employer and employee agree in writing, the employer may count up to $18 per day against the minimum wage for the reasonable cost of board, lodging, and other facilities the employer furnishes the employee. The employee must voluntarily agree to this.
An employer may require an employee to purchase a uniform as long as this does not bring the employee’s wages below the minimum wage for all hours worked during the relevant period.
The state Labor Commissioner has the authority to permit employers to pay students in vocational programs and disabled individuals below the minimum wage.
No cities or counties in North Dakota currently have a minimum wage different from the state minimum.
Unlike federal law, North Dakota does provide for a meal period. A minimum of a 30-minute meal period must be provided in each shift exceeding five hours when there are two or more employees on duty. However, employees may waive their right to a meal period by making an agreement with their employers. If an employee is completely relieved of her/his duties during the meal period, the employer does not have to pay for that time. If there is a collective bargaining agreement, that will trump this provision.
The wage claim process requires first that you speak with your employer about the wages you believe (s)he owes you, and, if that is unsuccessful, that you may write a letter demanding the wages you are owed. If that does not work, you can electronically file a wage claim with the North Dakota Labor Commissioner. A printable form can be found here. In order to help you enforce your wage claim, the North Dakota Department of Labor can hold hearings to help resolve the issue; if those hearings are unsuccessful, the Department can initiate a court case on your behalf. In addition to receiving your back wages and interest, you may be entitled to double or triple that amount if this is not your employer’s first violation.
Do not delay in contacting the North Dakota Department of Labor to file a claim. There is a strict two-year statute of limitations on all wage claim cases in North Dakota. If you do not file your wage claim within two years, the Department may not have sufficient time to investigate the claim, and then will not be able to help you. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file a wage claim with the North Dakota Department of Labor.
Under North Dakota state law, an employee has an implied right to bypass the administrative system described above and bring a lawsuit her/himself. The same two-year statute of limitations applies.
North Dakota
Department of Labor and Human Rights
600 East Boulevard Avenue, Dept. 406
Bismarck, ND 58505-0340
Phone: (701) 328-2660
Toll-free: 1-800-582-8032
TTY: 1-800-366-6888 or 1-800-366-6889
Fax: (701) 328-2031 E-mail: labor@nd.gov
You can visit the Department in person as well:
State Capitol,
600 East Boulevard Avenue 13th Floor
Bismarck, North Dakota 58505-0340
This material was originally prepared by attorney Joseph Jaramillo and former law clerks Keia Cole and Adam Weiss of the law firm Goldstein, Demchak Baller Borgen and Dardarian, and was updated by Professor Douglas D. Scherer, of Touro College, Jacob D. Fuchsberg Law Center. Professor Scherer also serves as the Vice President of Workplace Fairness.
Like federal overtime law, North Carolina state law requires that an employer pay an employee time and a half (based on the employee’s regular rate of pay) for any hours worked over 40 in a given work week. However, employers of seasonal amusement of recreational establishments are only required to pay overtime for hours worked over 45 in any given workweek.
Anyone who is not covered by the state’s minimum wage requirements is not covered by the overtime requirements either. This includes anyone covered by federal labor laws (i.e. anyone engaged in interstate commerce), which includes the majority of workers in the state, as well as the other exceptions outlined below. In addition, the following individuals covered by North Carolina’s minimum wage law are not covered by its overtime provisions:
The minimum wage in North Carolina is $7.25, which is the same as the federal minimum wage. The minimum wage for tipped employees is $2.13 per hour. However, employers must ensure that tipped employees earn at least the minimum wage in total compensation, including tips. If a tipped employee’s tips don’t make up the difference between their cash wage and the minimum wage, the employer must pay more than $2.13 per hour. See the North Carolina website for more information.
Like federal law, North Carolina does not require rest or meal breaks for employees over the age of 15. For employees ages 14-15, a 30-minute break is required after five hours of work. If an employer does provide breaks, that employer must pay you for the time off unless the break is 30 minutes or longer.
The North Carolina Department of Labor’s Standards and Inspections Division, Wage and Hour Bureau handles wage and hour complaints. See their website for more information.
Do not delay in contacting the North Carolina Department of Labor to file a claim. There are strict time limits in which charges of wage and hour violations must be filed. There is a two-year statute of limitations on all wage claims cases with the state of North Carolina, so if you wait more than two years after you are owed wages to file a complaint, the Department cannot do anything for you. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim with the North Carolina Department of Labor.
If you choose, you can bring a suit in the General Court of Justice without filing a claim with the North Carolina Department of Labor. If you do so, there is a two-year statute of limitations. If you are successful, you are entitled to twice the amount you are owed (plus interest), unless your employer can prove (s)he acted in good faith, in which case you are only entitled to what you are owed, plus interest. The court may also require your employer to pay your litigation costs and attorneys’ fees, although if you bring a frivolous action, you will be required to pay your employer’s litigation costs and attorney’s fees.
The State of New York’s overtime provision essentially tracks the federal provision. Employers must pay employees one and one-half times the employee’s regular rate for overtime. Overtime is time over 40 hours in one week for nonresidential employees, or 44 hours per week for residential (“live-in”) employees. For employees of resort hotels, if the employee works seven consecutive days, the hours worked on the seventh day are overtime. Anyone who is not covered under the minimum wage law is also not covered by the overtime provisions (see below).
You can read more about federal overtime law at our page on overtime laws.
The minimum wage in New York for most employees is $16.50 per hour, which is higher than the federal minimum wage of $7.25. The minimum wage for most tipped employees is $12.90 cash wage and $2.60 tip credit. See the New York website for more information.
New York State law does require meal breaks. Factory employees are entitled to a one-hour lunch break. All other employees (whether or not they are covered under the minimum wage or overtime provisions) are entitled to a meal break of 30 minutes if they work for more than six hours and their work hours extend over the midday meal period (defined as being between 11:00 am and 2:00 pm). Anyone who starts work before 11:00 am and finishes after 7:00 pm is entitled to an additional 20-minute meal break between 5:00 and 7:00 pm. Anyone who starts work after 1:00 pm and finishes before 6:00 am is entitled to a one-hour meal break midway through her/his shift if (s)he works in a factory, or a 45-minute meal break if (s)he works in another establishment.
However, these rules are not strict, and it is very easy for employers to get around them. The New York Commissioner of Labor can permit an employer to provide a shorter meal period of at least 30 minutes. The Commissioner tends to allow this as a matter of course, and employers do not even need to apply for a permit. In some special circumstances, the employer may provide a meal period of only 20 minutes with the Commissioner’s approval. An employer and employee may also negotiate to waive the meal period, as long as it is based on the employer’s business necessity and the employer provides a substitute.
Do not delay in contacting the New York State Department of Labor to file a claim. There are strict time limits in which charges of wage and hour violations must be filed. It is not clear if there is a time deadline for filing a wage claim form with the Department of Labor, although the Department only has six years within which to bring a legal action on your behalf. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim with the Department.
Visit the New York Department of Labor website for more information on how to file a claim.
Instead of filing a claim with the New York State Department of Labor, you can file a claim in state court for unpaid wages as well. If you win your case, the court can award you the wages you are owed, an additional 25% (if the violation was willful), attorneys’ fees, and litigation costs up to $50. The statute of limitations for bringing such a case is six years.
New Mexico law requires that any non-exempt individual working more than 40 hours in any given workweek must be paid one and one-half times the regular hourly rate of pay for those extra hours.
New Mexico’s minimum wage is $12 for most employees. The minimum wage for tipped employees is $3.00 per hour. See the New Mexico website for more information.
No, there is nothing under New Mexico state law that requires an employer to give meal or rest breaks. If an employer permits breaks, those that last less than 20 minutes must be paid.
If you cannot afford a lawyer, you can file a wage claim with the New Mexico Department of Labor’s Labor and Industrial Division; however, you must attempt to resolve the situation by asking your employer for the wages owed to you. You file a claim by filling out a Wage Claim Form. The form and more information about filing a claim can be found here. The Division can hold a hearing regarding your claim or, if necessary, bring a lawsuit on your behalf. If your employer has failed to pay you the minimum wage or your overtime pay, and the Division brings your case to court, the court may award you twice what your employer owes you.
Do not delay in contacting the New Mexico Department of Workforce Solutions’ Labor Relations Division to file a claim if you cannot afford an attorney. There are strict time limits in which charges of wage-and-hour violations must be filed. In order for that agency to act on your behalf, you must file with the Division as soon as possible. There is no deadline to file a wage claim with the Labor and Industrial Division, but you should not wait once you have a valid claim. Doing so may prevent the Division from taking action on your behalf in state court (see below for statutes of limitation on court actions).
If you are able to afford an attorney, the appropriate way for you to pursue a wage claim is to file it in court; you can file either with a Magistrate or in Metropolitan Court. If your claim is based on a failure to pay minimum wage or overtime, a court can order that your employer pay you double what is owed to you, as well as costs and attorneys’ fees. If it is another kind of wage-and-hour claim, it is less clear what the court can award you beyond what you are owed; you should consult with your attorney about this issue. The statute of limitations for overtime claims is one year. There is no specific statute of limitations for other wage-and-hour claims, which means that the general statute of limitations of four years may apply. However, this is not certain, and you should discuss this with your lawyer.
Like federal law, New Jersey labor law counts as overtime any hours worked beyond 40 in a given week and requires that overtime hours be paid at a rate of one and one-half the employee’s regular hourly wage.
The overtime requirement does not cover the following employees:
New Jersey minimum wage for most employees is is $15.49 per hour. Employers must make up the difference if an employee’s tips and minimum wage combined do not equal at least the state minimum wage of $15.49 per hour. See the New Jersey Department of Labor for more information.
New Jersey law does not require an employer to provide employees with paid or unpaid meal periods or breaks for employees aged 18 or older. However, the state requires that employees younger than 18 years must be given a 30-minute break after five consecutive hours of work.
Normally for an employer in New Jersey to be able to deduct wages for any allowable reason (e.g. retirement accounts, medical care, cleaning of uniforms), the employer must obtain the employee’s written approval.
New Jersey’s Department of Labor (NJ DOL) may impose administrative penalties for violations of the wage and hour laws. The maximum penalty for a first violation is $250, and for any subsequent violation the maximum is $500. Willful violation of the wage and hour laws can lead, for a first offense, to a fine of between $100 and $1000 and/or between 10 and 90 days in prison. For subsequent violations, the penalty is a fine of between $500 and $1000 and/or between 10 and 100 days in prison.
If your employer owes you wages, you can learn how to file a wage complaint with New Jersey’s Department of Labor (NJ DOL) under the Wage Payment Law or the Wage and Hour Law.
If you have a wage/hour claim, do not delay in contacting NJ DOL to file a claim, or in contacting a lawyer if you wish to bring a claim in New Jersey Superior Court. In order for NJ DOL to act on your behalf, you must file a claim within two years of the alleged violation. As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim.
If your employer owes you wages, you can file a claim in New Jersey Superior Court no matter how much money you are owed. In addition to wages due, the court can award you costs and reasonable attorney’s fees. You can file a claim both with NJ DOL and in New Jersey Superior Court, but if you do so NJ DOL will not act on the claim until the court has resolved it. You must file your claim in New Jersey Superior Court within two years of the date on which you believe you were owed wages by your employer. Learn more about how to represent yourself (i.e. without an attorney) in New Jersey state courts.
New Hampshire law is virtually identical to federal overtime law. New Hampshire requires that anyone who works in excess of 40 hours per week be paid one and one-half their normal rate. Employees who are exempt from the overtime requirements under federal law are also exempt under state law. In addition, any employee working for an amusement, seasonal, or recreational establishment that does not operate for more than seven months per year or earns the vast majority of its revenue in only six months of the year is also exempt from the state’s overtime requirement.
New Hampshire’s minimum wage is $7.25 per hour, which is the same as the federal minimum wage. Tipped employees in New Hampshire must receive a minimum of 45% of the minimum wage, or $3.27 per hour. See the New Hampshire Department of Labor website for more information.
An employer cannot require an employee to work more than five consecutive hours without providing her/him with a 30-minute lunch break.
An employer can only make deductions from an employee’s salary (other than those required by law) if the employee has given her/his permission, and if it is for the employee’s benefit (e.g. union dues, medical care). Other deductions, for example for losses the employee has allegedly caused, are illegal.
If your employer has violated the state’s wage-and-hour provisions, you may file a claim with the New Hampshire Department of Labor by filling out a wage claim form.
Do not delay in contacting the New Hampshire Department of Labor, either by filling out a wage claim form or contacting them for more information. There are strict time limits in which charges of wage-and-hour violations must be filed. In order for the Department of Labor to act on your behalf, you must file your wage claim within three years. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim with the New Hampshire Department of Labor.
If you wish, it is possible, instead of filing a wage claim with the state Department of Labor, to sue for wages that your employer owes you. You can sue in any court of competent jurisdiction in the state (state court is the most obvious place if this is your only claim). As with the Department of Labor, the court can grant you the wages you are owed, additional damages, costs, and attorneys’ fees. The statute of limitations appears to be three years for such a claim. While it is recommended that you find a lawyer before proceeding in state court, you can learn how to represent yourself as well.
Like federal law, Nevada requires that employees who work more than 40 hours in any one week be paid overtime at one and one-half times their regular rate of pay. In addition, Nevada also requires that overtime be paid at the same rate to employees who work more than eight hours in a single workday (a workday begins when an employee starts work for the day); however, this only applies to those employees who make less than one and one-half times the minimum wage. Also, if an employee agrees with his/her employer to work a schedule of four 10-hour days per week without overtime, that is acceptable. Employees not covered by the minimum wage laws are also not covered by the overtime laws.
The following jobs that are not exempt from the federal overtime laws are exempt from the Nevada overtime laws.
Nevada also excludes from its overtime provisions the following employees who are excluded under federal law:
Nevada’s minimum wages is $12 per hour. The minimum wage for tipped employees is also $12 per hour and all tips are in addition to regular wages.
Nevada does require rest and meal breaks for employees. For every continuous eight-hour period worked, an employer must provide a 30-minute meal break. For every four-hour period worked (or a period close to four hours), employees are entitled to a 10-minute break. More exact time breakdowns are provided in Section 16 of this regulation.
Exemptions to the meal and break requirements include:
The State of Nevada allows paycheck deductions for dues, rates, and assessments for a hospital association or to other departments and associations maintained for the benefit of employees. Other deductions can only be made with the written permission of the employee. In order for these deductions to be legal, you should have agreed to your employer’s deduction policy when you began working, and you should approve of each individual deduction.
The Office of the Labor Commissioner is responsible for administering Nevada’s wage-and-hour laws. If you have a complaint under Nevada’s wage-and-hour laws, you must first make a good faith effort to try to resolve the issue with your employer. If that effort fails, you can file a complaint by filling out a Claim for Wages form. Bring or mail the form to one of the addresses listed for the Labor Commission (see below); do not e-mail or fax them. The Office of the Labor Commissioner also suggests that you include copies of check stubs, time records, receipts, the names and addresses of your managers and supervisors, owners, or officers of your employer. You should also bring a list of any witnesses who could testify for you, as well as any other information that you think might be helpful. The Labor Commissioner has the authority to conduct hearings and issue binding decisions, which can be enforced in a state court.
Do not delay in contacting the Office of the Labor Commissioner to file a claim. While there is a time deadline for filing an action in court (see below), no time limit is indicated for filing a complaint with the Labor Commissioner. However, as you may have other legal claims with strict deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible, but it is not necessary to have an attorney to file your claim with the Labor Commission.
Under Nevada law, a private right of action exists to recover the difference between your wage, if it is less than the minimum wage, and the minimum wage. This means that if you have been paid below the minimum wage, you may take your employer to court to sue for the difference; this is an alternative to filing a claim with the Labor Commissioner. You must do this within two years of the denial of wages, and there does not appear to be a provision allowing you to collect any additional damages or to recover your attorneys’ fees. It also appears that you can bring a suit for wages earned and due to you according to the terms of your employment, and that in such cases you can recover your attorneys’ fees from your employer.
Nebraska state law does not address the issue of overtime pay; for that reason, only federal law applies in the state.
Nebraska’s minimum wage is $13.50 an hour, which is greater than the federal minimum wage of $7.25 per hour. Employers must ensure that the total of an employee’s wages and tips is at least the minimum wage. See the Nebraska Department of Labor for more information.
Employees in assembly plants, mechanical establishments, and workshops must be allowed a 30-minute lunch break for each shift eight hours or longer. Otherwise, Nebraska law does not require employers to provide meals or rest breaks.
Use this electronic form to file a wage and hour claim with the Nebraska Department of Labor.
Do not delay in contacting the Nebraska Department of Labor to file a claim. There are strict time limits in which charges of wage-and-hour violations must be filed. In order for the Department to act on your behalf, you must file your claim within two years after you are owed your wages. The statute of limitations is increased to three years if your employer willfully and knowingly broke the law in failing to properly compensate you.
Instead of filing a claim with the Nebraska Department of Labor, you can file a lawsuit in court. The statute of limitations for such a lawsuit is two years, or three years if your employer willfully and knowingly broke the law.
Montana’s overtime law is essentially the same as the federal provision: if an employee works more than 40 hours in a given workweek, that employee is entitled to pay at one and one-half times the employee’s regular hourly wage.
The exceptions to Montana’s overtime law generally track the federal law exceptions. There are however a few jobs that are exempt from Montana’s law that are not exempt under federal law:
Jobs that are exempt from Montana’s minimum wage laws are also exempt from the overtime laws (see below).
The current minimum wage in Montana is $10.55 an hour for all workers, except those who receive tips. The minimum wage for tipped employees The minimum wage for tipped employees is also $10.55 per hour. See the Montana Department of Labor for more information.
Like federal law, Montana labor law does not require your employer to provide rest or meal breaks. However, if your employer does provide such breaks, they are counted as paid time, unless they are longer than 30 minutes and you are completely relieved from work during them.
Under Montana labor law, an employer who does not pay an employee properly is guilty of a misdemeanor. Violations of wage-and-hour provisions for certain other jobs may carry other criminal penalties.
Detailed information on how to file a wage-and-hour claim with the Montana Department of Labor and Industry can be found at Montana’s Department of Labor and Industry webpage. If you file an administrative claim, the Department can issue a default order (if your employer does not respond) or may hold a hearing to determine if you are owed what you say you are owed. If your employer still refuses to pay, the Department can apply to a state court to have the order enforced. In addition to receiving the wages you are owed, the Department may assess a penalty of up to 110% of the recovered money, which you will also receive.
Do not delay in contacting the Department of Labor and Industry to file a claim. There are strict time limits in which charges of wage-and-hour violations must be filed. In order for this agency to act on your behalf, you must file a claim within 180 days of default or delay in paying wages. Once you have filed, you can recover wages and penalties for the two years prior to the date on which the claim is filed; if you no longer are employed by the employer who denied you your wages, then you can recover for the last two years you were employed. In addition, if your employer has violated the wage-and-hour laws before, you can recover for wages for the three years prior to the date you filed, or, if you are no longer employed by your employer, the last three years that you worked. You may wish to consult with an attorney prior to filing your claim, if possible, but it is not necessary to have an attorney to file your claim with the district and federal administrative agencies.
If you do not want to go through the Department of Labor and Industry, you can also file a suit in Montana state court; you are not required to go through the Department’s process first. If you sue in court, you are entitled to costs and attorney’s fees if you win. The same time deadlines explained above apply if you file in court.
Under Missouri law, employers must pay employees at a rate of at least one and one-half the employee’s regular hourly wage for working more than forty hours in one week. This is the same rate as federal overtime laws mandate.
Some employees are exempt from the overtime requirement. Exempt employees include those engaged in administrative, professional, executive, agricultural, motor carrier, or outsides sales activities.
Missouri’s minimum wage is 13.75 per hour, which is higher than the federal minimum wage of $7.25 per hour. Employers are required to pay tipped employees at least 50 percent of the minimum wage, $6.875 per hour, plus any amount necessary to bring the employee’s total compensation to a minimum of $13.75 per hour. See the Missouri website for more information.
Missouri does not have any meal or rest break requirements.
Missouri has separate forms for filing a minimum wage claim and filing an unpaid wages claim.
If you have a wage/hour claim, do not delay in contacting an attorney to file a private lawsuit. There are strict time limits in which wage claims must be filed. In order to recover under state law in Missouri, you must file a lawsuit within two years from the date that the claim arose. As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring.
In Missouri, employees can file a private lawsuit to recover unpaid wages plus reasonable attorney’s fees and costs.
Mississippi does not have overtime laws that differ from federal overtime law.
Mississippi does not have any laws establishing a state minimum wage. Therefore, the federal minimum wage applies, which is $7.25 per hour. Mississippi follows federal tip credit rules, which allow employers to pay tipped employees as little as $2.13 per hour. However, if the employee’s tips plus their hourly wage don’t add up to the federal minimum wage, the employer must make up the difference.
Mississippi does not have any meal or rest break requirements.
You cannot file a wage/hour or labor standards claim in Mississippi. Instead, you can file a federal claim.
Mississippi does not have any time deadlines that are different from federal law.
An employee can file a private lawsuit for wages owed pursuant to an employment contract. The statute of limitations for a written contract is three years, and the time limit to sue based on an unwritten employment contract is one year.
Under Minnesota law, employees are entitled to overtime pay at one and one-half times their normal hourly rate for all hours worked in excess of 48 hours per work week.
Some employees are exempt from Minnesota’s overtime wages. The following is a partial list:
The current minimum wage in Minnesota is $11.13, which is higher than the federal minimum wage of $7.25. Tips and gratuities do not affect the minimum wage owed to employees. Employers cannot require employees to share tips with the employer or other employees.
The state law requires employers to provide restroom time and sufficient time to eat a meal. If the break is less than 20 minutes in duration, it must be counted as hours worked. Time to use the nearest restroom must be provided within each four consecutive hours of work. Meal time applies to employees who work eight or more consecutive hours. Otherwise, rest breaks are not required.
Minnesota’s Department of Labor and Industry (DLI), Labor Standards Division, handles wage and hour complaints.
If you have a wage/hour complaint in Minnesota, do not delay in contacting Labor Standards or an attorney. There are strict time limits in which wage claims must be filed. Most wage claims must be filed within two years.
Employees can bring an action in court to recover unpaid wages, and attorneys’ fees and costs are recoverable, as well as liquidated damages in an additional equal amount of the unpaid wages.
Under Michigan law, employers must pay employees at a rate of one and one-half the employee’s regularly hourly wage for working more than 40 hours in a workweek.
For some employees, Michigan law allows for the accrual and use of compensatory time instead of cash overtime wages, but there must be a written agreement to do so.
Some employees are exempt from the standard overtime requirement. Employees engaged in administrative, professional, executive, and agricultural activities are exempt from the overtime requirement. Different standards apply to the following employees under Michigan law, but not under federal law:
Click for additional information on Michigan overtime law or federal overtime law.
Michigan’s minim um wage is $10.56 per hour, which is higher than the federal minimum wage of $7.25 per hour. The minimum wage for tipped employees is $4.01 per hour. See the Michigan website for more information.
Michigan does not have any meal or rest break requirementsfor employees aged 18 or older. However, Michigan requires that minor employees must be given a 30-minute break if they are employed for more than five consecutive hours.
You can file an Wage Complaint Form with the Wage and Hour Division of the Michigan Department of Labor & Economic Growth. The filing should include as much information and documentation as possible, including pay statements and records of hours worked. This process can be completed with or without an attorney. Click for additional information on filing a wage claim.
If you have a wage/hour claim, do not delay in contacting the Wage and Hour Division to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file within three years from the date of the alleged violation. Some violations, however, are subject to a one year deadline.
As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim with the Wage and Hour Division.
In Michigan, employees can file a private lawsuit to recover unpaid back wages, liquidated damages, court costs, and attorneys’ fees.
Under Massachusetts law, employers must pay employees at a rate of one and one-half the employee’s regular hourly wage for working more than 40 hours in one week.
Some employees are exempt from the overtime requirement. Employees engaged in administrative, professional, executive, agricultural, motor carrier, or outside sales activities are exempt from the overtime requirement. Additionally, the following occupations are exempt under Massachusetts law:
The minimum wage in Massachusetts is $15.00 per hour, which is higher than the federal minimum wage of $7.25 per hour. The minimum wage for tipped employees is $6.75 per hour. See the Massachusetts website for more information.
Under Massachusetts laws about breaks and time off, employees are entitled to a 30-minute meal break within the first six hours of work.
You can file a wage complaint with the local Office of the Attorney General’s Fair Labor and Business Practices Division. The filing should include as much information and documentation as possible and any documents to support the claim.
If you have a wage/hour complaint, do not delay in contacting the Office of the Attorney General to file a claim. There are strict time limits in which wage claims must be filed. In order for the Office to act on your behalf, you must file the complaint within three years from the date that the claim arose.
As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim.
Ninety days after filing a wage complaint with or receiving written permission from the Massachusetts Office of the Attorney General, or employee can file a lawsuit to recover unpaid wages, triple damages, attorney’s fees and costs.
Under Maryland law, employers must pay employees at a rate of one and one-half the employee’s regular hourly wage for working more than 40 hours in one week. Owners of bowling establishments and facilities primarily engaged in care of the sick, elderly, or disabled must pay employees at a rate of one and one-half the employee’s regular hourly wage for working more than 48 hours in one week.
Some employees are exempt from the overtime requirement. Employees engaged in administrative, professional, executive, outside sales, motor carrier and agricultural activities are exempt from the overtime requirement. Additionally, the following employees are exempt under Maryland law:
Additional information on Maryland overtime law is available here.
Maryland’s minimum wage is $15 per hour, with some exceptions. Tipped Employees (earning more than $30 per month in tips) must earn the State Minimum Wage Rate per hour. Employers must pay at least $3.63 per hour. This amount plus tips must equal at least the State Minimum Wage Rate. See the Maryland website for more information.
Maryland does not have any meal or rest break requirements.
You can file a complaint with the Commissioner of Labor and Industry.
If you have a wage/hour complaint, do not delay in contacting the Commissioner of Labor and Industry to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file the complaint within three years from the date that the claim arose.
As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim.
In Maryland, employees can file a private lawsuit to recover unpaid wages plus liquidated damages and reasonable attorney’s fees and costs.
Under Maine law, an employer may not require an employee to work more than 40 hours in any one week unless one and one-half times the employee’s regular hourly rate is paid for all hours actually worked in excess of 40 hours in that week.
The following employees are exempt from Maine’s overtime requirement:
Unlike federal law, Maine places limits on mandatory overtime. Employers cannot require an employee to work more than 80 hours of overtime in any consecutive two-week period. Exempt workers include but are not limited to: those who perform essential public services; automobile workers; mariners; some agricultural workers; some salaried workers; and some seasonal employees. Nurses who work more than 12 consecutive hours must be given 10 consecutive hours off-duty immediately afterward.
The minimum wage in Maine is $14.65 per hour. The minimum wage for tipped employees is $7.33 per hour. This means that service employees must receive at least a direct cash wage of $7.33 per hour from the employer.
In a business with three or more employees, employees must be given a break of at least 30 minutes for every six hours they work, with certain limited exceptions. An employee and employer may negotiate for more or less breaks, but both must agree (this should be put in writing). No coffee, bathroom, or smoking breaks are required.
The Maine Department of Labor, Wage and Hour Division enforces state laws and investigates complaints pertaining to wage claims. See the Maine website for more information.
If you have a wage/hour complaint, do not delay in contacting the Wage and Hour Division or an attorney. There are strict time limits in which wage claims must be filed.
Employees can bring an action in court to recover unpaid wages, and attorneys’ fees and costs are recoverable, as well as liquidated damages in an additional equal amount of the unpaid wages.
Louisiana does not have overtime laws that are different from federal overtime law.
Louisiana does not have any laws establishing a state minimum wage. Therefore, the federal minimum wage applies, which is $7.25 per hour. Restaurant employees who receive tips are entitled to a wage of at least $2.13 per hour, and more if their tips don’t equal at least federal minimum wage. Employers can claim a tip credit in the amount that bring an employee’s total earnings up to the federal or state minimum wage.
Louisiana does not have any meal or rest break requirements for employees aged 18 or older. However, Louisiana requires that employees younger than 18 must be given a 30-minute break if they are employed five or more hours in a day.
You cannot file a wage/hour or labor standards claim in Louisiana unless you have worked and not received your pay. Louisiana employees who are laid off, fired, or who quit must be paid their wages in full at the next regular payday, not to exceed 15 days from the date of their discharge or termination. Wages include vacation time earned by the employee. An employee should send a written demand for payment of their final wages to their employer. After receipt of a written demand, the employer must pay all wages owed to the employee on a timely basis or be subject to a penalty that may be imposed by a court. Claims against an employer for late payment may be filed by way of a private lawsuit. The Louisiana Department of Labor does not have the authority to enforce this law. See the Louisiana website for more information.
If you have a wage/hour complaint, do not delay in contacting an attorney. There are strict time limits in which federal wage claims must be filed.
Under Kentucky law, employers must pay employees at a rate of one and one-half the employee’s regular hourly wage for working more than forty hours in one week.
Some employees are exempt from the overtime requirement. Salaried employees engaged in administrative, professional, executive or computer professional activities are exempt from the overtime requirement. Additionally, employees engaged in agricultural, motor carrier and outside sales activities are exempt from the overtime requirement. The following employees are also exempt under Kentucky law:
The current minimum wage in Kentucky is $7.25 per hour, which is equal to the federal minimum wage. The minimum wage for tipped employees is $2.13 an hour, which is the difference between the cash wage paid to a tipped employee and the federal minimum wage.
You can file a complaint with the Kentucky Department of Labor. This can be done by filling out an Employment Wage Complaint Form. The filing should include as much information and documentation as possible, including pay statements and records of hours worked. This process can be completed with or without an attorney.
If you have a wage/hour complaint, do not delay in contacting the Department of Labor to file a claim. There are strict time limits in which wage claims must be filed. If you file a complaint directly in court, you must file the complaint within six months from the date that the claim arose.
As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet, if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim.
Employees can bring an action in court to recover unpaid wages and attorneys’ fees and costs are recoverable, as well as penalties and liquidated damages in an additional equal amount of the unpaid wages. The claim must be filed no later than six months after the wage claim occurs.
Under Kansas law, employers must pay employees at a rate of one and one-half the employee’s regular hourly wage for working more than 46 hours in one week. Under federal law, overtime is due after 40 hours in one week. Which law applies depends on a business’s amount of annual revenue and interstate commerce. The right to overtime pay cannot be waived by the employee.
Some employees are exempt from the overtime requirement. Employees engaged in administrative, professional, executive, outsides sales or agricultural activities are exempt from the overtime requirement. Additionally, the following employees are exempt under Kansas law:
The current minimum wage in Kansas is $7.25 per hour, which is the same as federal law. Restaurant employees who receive tips are entitled to a wage of at least $2.13 per hour, and more if their tips don’t equal at least federal minimum wage. Employers can claim a tip credit in the amount that bring an employee’s total earnings up to the federal or state minimum wage.
Kansas does not have any meal or rest break requirements.
You can file a claim with the Department of Labor. This can be done by filling out a Claim for Wages. The filing should include as much information and documentation as possible. This process can be completed with or without an attorney. Here is more information about the process.
If you have a wage/hour complaint, do not delay in contacting the Department of Labor to file a claim. Strict deadlines apply to wage claims.
In Kansas, employees can file a private lawsuit to recover unpaid wages.
Iowa does not have overtime laws that are different from federal overtime law.
The current minimum wage in Iowa is $7.25, which is the same as the federal minimum wage. Tipped employees in Iowa can be paid a lower cash wage of $4.35 per hour, as long as their total earnings (tips plus base wage) meet or exceed the standard minimum wage. Tips must also add up to more than $30 a month. If tips and wages do not add up to $7.25 an hour, the employer is required to make up the difference.
Iowa does not have any meal or rest break requirementsfor employees aged 18 or older. Iowa requires that minor employees younger than 15 must be given a 30-minute break if they are employed five or more hours in one day.
You can file this Wage Claim form with the Division of Labor Services. The filing should include as much information and documentation as possible. The Division will not accept claims if the money you are owed is more than $6,500.00. This process can be completed with or without an attorney, and more information can be found here.
If you have a wage/hour complaint, do not delay in contacting the Division of Labor to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file the complaint within one year from the date that the claim arose.
As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim.
In Iowa, an employee can file a private lawsuit to recover past compensation plus liquidated damages, attorney’s fees and costs.
Under Indiana law, employers must pay employees at a rate of one and one-half the employee’s regular hourly wage for working more than 40 hours in one week.
Some employees are exempt from the overtime requirement. Employees engaged in administrative, executive, professional or outside sales with the authority to hire and fire other employees and who earn at least $150 per week are exempt from the overtime requirement. Additionally, employees engaged in certain agricultural activities or classified as motor carriers are exempt from the overtime requirement. The following employees are also exempt from the overtime pay:
The current minimum wage in Indiana is $7.25 per hour, which is equal to the federal minimum wage of $7.25 per hour. Employers must pay tipped employees at least $2.13 per hour if they claim a tip credit. If the employee’s tips and hourly wage don’t add up to the minimum wage, the employer must make up the difference.
Indiana does not have any meal or rest break requirements.
You can file a claim with the Indiana Department of Labor. This can be done by filling out an Application for Wage Investigation. The filing should include as much information and documentation as possible. This process can be completed with or without an attorney. The Department will only accept the claim if it is between $30.00 and $6,000.00.
If you have a wage/hour complaint, do not delay in contacting the Department of Labor to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file the complaint within three years from the date that the claim arose.
As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim.
In Indiana, an employee can file a private lawsuit to recover unpaid wages plus liquidated damages equal to past compensation, attorney’s fees and costs.
Under Illinois law, employers must pay employees at a rate of one and one-half the employee’s regular hourly wage for working more than 40 hours in one week.
Some employees are exempt from the overtime requirement. Employees engaged in administrative, executive, professional, outside sales or agricultural activities are exempt from the overtime requirement. Additionally, the following employees are exempt from the overtime requirement:
The current minimum wage in Illinois is $15 per hour. Employees under the age of 18 may be paid 50 cents less per hour. An employer where gratuities are paid to employee, may pay 60% of the minimum wage to its employees.
Illinois has a meal break requirement, but no rest break requirements. Employees must be given a 20 minute unpaid meal break if they are working 7.5 hours or longer. The meal break must occur no later than five hours into the shift.
You can file a claim with the wage claims division of the Illinois Department of Labor. This can be done by filling out a Minimum Wage and Overtime Claim Application. (Aplicación en Español.) The filing should include as much information and documentation as possible. Filing a wage claim in Illinois can be completed with or without an attorney.
If you have a wage/hour complaint for the state of Illinois, do not delay in contacting the Department of Labor to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file the complaint within one years from the date that the claim arose. In order to file a private lawsuit, however, you must file the complaint within in three years.
As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim.
In Illinois, an employee can file a private lawsuit to recover unpaid wages, penalties, punitive damages, attorney’s fees and costs.
Idaho does not have overtime laws that are different from federal overtime law.
The current minimum wage in Idaho is $7.25 per hour, which is equal to the federal minimum wage of $7.25. The minimum wage for tipped employees is $3.35 an hour.
Idaho does not have any meal or rest break requirements.
You can electronically file a wage claim with the Idaho Department Labor’s Wage & Hour Section. Other complaints can be filed with the Idaho Department of labor as well.
If you have a wage/hour complaint, do not delay in contacting the Wage & Hour Section to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file the complaint within two years from the date that the claim arose.
As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim.
In Idaho, employees can file a private lawsuit to recover unpaid wages, liquidated damages, attorney’s fees and costs.
Under Hawaii law, employers in the private sector must pay employees at a rate of one and one-half the employee’s regular hourly wage for working more than 40 hours in one week.
Some employees are exempt from the overtime requirement. Employees earning more than $2,000 per month on a salary basis or engaged in executive, administrative, supervisory, agricultural or professional activities are exempt from the overtime requirement.
Hawaii’s minimum wage is $14 per hour, which is greater than the federal minimum wage of $7.25 per hour. Tipped employees earn a minimum of $12,75 per hour, meaning employers can take a “tip credit” of $1.25 per hour as long as the employee’s combined wages and tips reach the standard minimum wage.
Hawaii does not have any meal or rest break requirements for employees aged 18 or older. However, Florida requires that minor employees ages 17 or younger must be given a break of at least 30 minutes for every five hours consecutively worked.
You can file a wage claim with a local office of the Wage Standards Division. Information on the process is available at the state Wage Standards Division website. The filing should include as much information and documentation as possible. This process can be completed with or without an attorney.
If you have a wage/hour claim, do not delay in contacting the Department to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file with six years from the date that the claim arose.
As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim.
In Hawaii, an employee can file a private lawsuit to recover unpaid wages, civil penalties, and attorney’s costs and fees. In the event that the employer willfully violated the law, liquidated damages may also be recovered.
Georgia does not have overtime laws that are different from federal overtime law.
Georgia’s state minimum wage is $7,25 per hour. Georgia’s tipped minimum wage is $2.13 per hour. However, employers can use a “tip credit” to make up the difference between the tipped employee’s hourly wage and the regular minimum wage. The current tip credit is $5.12 per hour. This means that if a tipped employee earns at least $7.25 per hour in tips, the employer does not have to pay them any additional hourly wage.
Georgia does not have any meal or rest break requirements.
There are strict time limits in which minimum wage claims must be filed. You must file within three years from the date that the claim arose. As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring.
In Georgia, an employee can file a private lawsuit if he or she is paid less than the minimum wage to recover past compensation, liquidated damages, attorney’s fees and costs.
Florida does not have overtime laws that are different from federal overtime law.
Florida’s minimum wage is $14 per hour, which is higher than the federal minimum wage of $7.25 per hour. The minimum wage for tipped employees is $10.98 per hour, plus tips. The tipped wage credit for employers is $3.02 per hour.
Florida does not have any meal or rest break requirements for employees aged 18 or older. However, Florida requires that minor employees ages 17 or younger must be given a break of at least 30 minutes for every four hours consecutively worked.
If you have a minimum wage claim, do not delay in contacting the Florida Department of Labor and Employment Security to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file within two years from the date that the claim arose.
As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim. Florida does not have a wage and hour division. Contact the Department of Labor for more information on filing a claim.
Employees can file a private lawsuit to recover unpaid minimum wages, liquidated damages in an equal amount, $1000 penalty per willful violation, and attorneys’ fees.
Washington, DC does not have overtime laws that are different from federal overtime law.
Washington, DC’s minimum wage is $17.50 per hour, which is higher than the federal minimum wage of $7.25 per hour. The minimum wage for tipped employees in Washington, D.C. is $12 per hour, and the maximum tip credit will be $4.10.
Washington, DC does not have any rest break requirements that are different from federal law.
See the Washington DC website for information on how to file a claim.
If you have a wage/hour claim, do not delay in contacting the Department of Employment Services to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file within three years from the date that the claim arose.
Do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim.
In Washington, DC, a private attorney can file a private lawsuit to recover past compensation plus attorney’s fees and reasonable costs.
Delaware does not have overtime laws that are different from federal overtime law.
The minimum wage in Delaware is $15.00 per hour, which is higher than the federal minimum wage of $7.25 per hour.
The minimum cash wage payable to employees who receive tips is $2.23 per hour. Tips may not be taken or retained by an employer except as required by law.
Under Delaware laws, all employees are entitled to a 30-minute meal break after the first two hours and before the last two hours of work if they are scheduled to work at least seven and a half hours per day.
The meal period requirement does not apply to the following employees:
You can file a wage claim with the Delaware Department of Labor’s Office of Labor Law Enforcement.
If you have a wage/hour claim, do not delay in contacting the Office of Labor Law Enforcement to file a claim. There are strict time limits in which wage claims must be filed. The ability to claim expires one year after the date that the claim arose. However, in order for the agency to act on your behalf, you must file within ten and a half monthsfrom the date that the claim arose.
Do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim.
In Delaware a private attorney can file a private lawsuit to recover past compensation plus attorney’s fees and reasonable costs.
Under Connecticut law, employers must pay employees at a rate of one and one-half the employee’s regular hourly wage for working more than 40 hours in one week.
Some employees are exempt from the overtime requirement. Employees engaged in administrative, professional, executive, agricultural or motor carrier activities are exempt from the overtime requirement. Additionally, the following employees are exempt under Connecticut law:
Connecticut’s minimum wage is $16.35 per hour, which is higher than the federal minimum wage of $7.25 per hour.
Connecticut law includes a $6.38 minimum wage for tipped workers, which includes restaurant waiters, and the $8.23 minimum for bartenders.
However, those tipped employees must be paid at least $15.69—increasing to $16.35 next year—including gratuities.
Under Connecticut law, employees are entitled to a 30-minute meal break within the first seven and a half hours of work. One of the following conditions can create an exception to the meal period requirement:
Connecticut does not have any rest break requirements that are different from federal law.
You can file a Statement of Claim for Wages with the Wage and Workplace Standards Division of the Connecticut Department of Labor. For more information, see the instructions for filing. The filing should include as much information and documentation as possible. This process can be completed with or without an attorney.
If you have a wage/hour claim, do not delay in contacting the Wage and Workplace Standards Division to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file with two years from the date that the claim arose.
As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim.
Under Connecticut law, an attorney can file a private lawsuit to recover twice the amount of wages plus attorney’s fees and court costs.
Under Colorado law, employers must pay employees at a rate of one and one-half the employee’s regular hourly wage for working more than 12 hours in a workaday, 12 consecutive hours regardless of the workday or 40 hours in a work week.
Some employees are exempt from the overtime requirement. Employees engaged in administrative, executive, professional, domestic, motor carrier and outside sales activities are exempt from the overtime requirement. Additionally, the following employees are exempt under Colorado law:
See additional information on Colorado overtime law or federal overtime law.
Colorado’s minimum wage is $14.81. Generally, employers cannot use other costs of employment to decrease the minimum wage required. Employers cannot decrease the minimum wage by the cost to provide and maintain uniforms. Employers, however, can use tips and gratuities to reduce the minimum wage required to $11.79.
The following employees may be paid at a rate below the minimum wage:
The minimum wage rate applies to employees in the following industries: retail and service, commercial support service, food and beverage, and health and medical industries. The following employees are not covered by the minimum wage requirement:
See the Colorado Department of Labor for more information.
No. Colorado has law that stops any cities or counties in the state from passing their own minimum wage laws. This law is currently being challenged in court. For now, the state minimum still applies to all cities and counties.
Under Colorado law, non-exempt employees are entitled to a 30-minute meal break within the first five hours of work. Employees will also be compensated for a 10-minute rest period for every four hours worked.
You can file a wage claim with the Colorado Division of Labor. This can be done online or printed and mailed.
The filing should include as much information and documentation as possible. This process can be completed with or without an attorney. The decision by the investigator can also be appealed.
If you have a wage/hour claim, do not delay in contacting the Division of Labor to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file within two years from the date that the claim arose. However, if your employer’s violation was willful, you have up to three years to file.
As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim.
Under Colorado law, employees can file a private lawsuit to recover unpaid wages plus attorney’s fees and court costs.
Colorado Division of Labor Standards and Statistics
633 17th Street, Suite 600
Denver, Colorado 80202-3611
Phone: (303) 318-8441
Toll Free: (888) 390-7936
Fax: (303) 318-8400
Email: cdle_labor_standards@state.co.us
Under California law, employers must pay employees at a rate of one and one-half the employee’s regular hourly wage for working more than eight and less than twelve hours in a workday or eight hours on the seventh consecutive workday of the workweek. Employers must pay double the employee’s regular hourly wage for working more than 12hours a day or more than eight hours on the seventh consecutive workday of the workweek.
Some employees are exempt from the overtime requirement. Employees earning more than $45,760 per year on a salary basis (or $43,680 if the employer has 25 or fewer employees) and spending more than half of their time engaged in administrative, professional, executive, computer professional, agricultural, motor carrier or outsides sales activities are exempt from the overtime requirement. On January 1, 2019, the overtime threshold will increase to $49,920 per year (or $45,760 if the employer has 25 or fewer employees). Additionally, the following occupations are exempt under California law but not under federal law:
Additional information on California overtime law is available at the California Department of Labor website. You can read more about federal overtime law at our page on overtime laws.
California’s minimum waage is $16.50 per hour, which is higher than the federal minimum wage of $7.25. In addition, an employer may not use an employee’s tips as a credit toward its obligation to pay the minimum wage per hour.
Additional information on California minimum wage law is available at the California DLSE website.
Under California law, nonexempt employees are entitled to a thirty minute meal break within the first five hours of work. Additionally, nonexempt employees must receive at least a ten-minute rest period for each four hours of work. Additional information on California meal and rest break requirements is available at http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm and http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm.
You can file a wage claim with a local office of the Division of Labor Standards Enforcement (DLSE). This can be done by filling out an Initial Report or Claim Form. The filing should include as much information and documentation as possible, including the name, location, method of doing business of the employer, and any documents to support the claim. This process can be completed with or without an attorney.
The DLSE provides additional information on filing a wage claim in California.
If you have a wage/hour claim, do not delay in contacting the DLSE to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file with the DLSE within three years from the date that the claim arose. Some penalties, however, are subject to a one year deadline.
As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim with the DLSE.
In California, employees can file a private lawsuit to recover unpaid wages, penalties, interest and attorney’s fees and court costs.
Arkansas does not have an overtime law that is different from federal law. Under Arkansas law, employers must pay employees at a rate of one and one-half the employee’s regular hourly wage for working more than 40 hours in one week.
Employees exempt under the FLSA, such as those engaged in administrative, professional, executive, agricultural or outside sales activities, are also exempt under Arkansas law. Additionally, the following occupations are exempt under Arkansas law:
Public agencies may pay their employees with comp time instead of regular overtime compensation.
The state minimum wage in Arkansas is $11 per hour, which is more than the federal minimum wage of $7.25 per hour.
Tipped employees must be paid at least $2.63 per hour. The tips they earn must be enough to bring them up to the applicable minimum wage per hour. If the tips do not bring them up to minimum wage, the employer must add enough to their pay to do so.
Arkansas does not have any meal or rest break requirements.
The State Department of Labor’s Wage Claims section is responsible for collection of unpaid wages, vacation, bonuses, commissions, sick and severance pay. The wage claim form is available online. There is no charge to the public for these services.
If you have a wage claim, do not delay in contacting the wage claims section. There are strict time limits in which wage claims must be filed.
As you might have other legal claims with deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim.
In Arkansas, employees can file a private lawsuit to recover unpaid wages plus attorney’s fees and court costs.
Arizona does not have overtime laws that are different from federal overtime law.
The Arizona state minimum wage is $14.70 per hour, which is higher than the federal rate of $7.25 per hour.
An employer may pay a tipped employee up to $3 per hour less than the minimum wage if the employer can demonstrate that for each week, when combined with tips, the tipped employee received at least the minimum wage per hour for all hours worked.
Arizona does not have any meal or rest break requirements.
An employee cannot file a wage claim in with the Arizona Department of Labor unless they have not been paid for completed work, the wages owed to the employee are $5,000.00 or less, and the accrual of those unpaid wages does not exceed one year.
An employee may file a claim for unpaid wages if the wages owed to the employee are $5,000.00 or less, and the accrual of those unpaid wages does not exceed one year. If the employee is owed more than $5,000.00, they may file through Small Claims Court or Superior Court.
A minimum wage complaint must also be filed within one year from the date the wages were due.
Under Alaska law, employers must pay employees at a rate of one and one-half the employee’s straight-time wage for working more than eight hours per day or 40 straight-time hours per week. Employers cannot give an employee “comp time” instead of overtime pay. Exempt employees include:
Alaska’s minimum wage is $11.91 per hour. By law, Alaska’s minimum wage will always be at least one dollar higher than the federal minimum wage. Employers cannot use tips to reduce the minimum wage. In addition, employers must pay the full state minimum wage, regardless of how much the employee makes in tips. School bus drivers working for private contractors must be paid twice the minimum wage.
You can file a wage complaint with the Alaska Department of Labor and Workforce Development (DLWD). Information about how to file a claim is located in the DLWD website.
As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim with the DLWD.
If you have contacted the Alaska Department of Labor and Workforce Development (DLWD) for file a claim and the DLWD believes there is enough evidence to support your claim then the case may be filed in court. If the wages and penalties you believed to be owed to you are less than $20,000, the case may be filed in Small Claims Court. You must be willing to appear and testify in a Department meeting or in court.
In Alaska, employees can file a private lawsuit to recover unpaid back wages, liquidated damages, court costs, and attorneys’ fees.
Alabama does not have overtime laws that are different from federal overtime law. State law enforcement officers, however, can choose to receive overtime pay.
Alabama does not have any laws establishing a state minimum wage. Therefore, the federal minimum wage applies, which is $7.25 per hour, or $2.13 per hour for tipped workers.
In 2016, Alabama passed a law that stops any cities or counties in the state from passing their own minimum wage laws. Therefore, the federal minimum of $7.25 per hour, or $2.13 per hour for tipped workers, applies across the state.
Alabama does not have any laws regulating meal or rest break requirements.
You cannot file a wage/hour or labor standards claim in Alabama unless you have worked and not received your pay. Alabama does not enforce any wage and hour laws other than the state law pertaining to the payment of wages. The State of Alabama Department of Labor will investigate and attempt to collect on wage claims.
If you chose to file a claim your options are to contact an attorney or U.S. Wage and Hour Division offices:
Gulf Coast District Office
U.S. Department of Labor
Wage and Hour Division
950 22nd St N, Suite 605
Birmingham, AL 35203-3711
205-536-8570
(1-866-487-9243)
Mobile Alabama Area Office
1119 Government St
Mobile, AL 36609
251-441-5311
(1-866-487-9243)
Montgomery Area Office
1 Church St
Room D-500 B
Montgomery, AL 36104
334-223-7450
(1-866-487-9243)
If you have a claim for unpaid wages, do not delay in contacting the Alabama District Office for the U.S. Wage and Hour Division. If you contact the Alabama Department of Labor you will be directed to the U.S. Wage and Hour Division district office.
These are strict time limits in which wage claims must be filed. It is unclear what time limit applies in Alabama.
Website: http://www.labor.alabama.gov/
For questions regarding wage and hour issues, please call: (334) 223-7450 or toll free at 1-866-487-9243
Guilford, Connecticut — A thousand people gather on the Green, sharing umbrellas and straining to hear the valedictorian above the thunderstorm. She’s talking about the Green, a sixteen-acre park at the center of town where townspeople get together for concerts, picnics and the annual high school graduation.
The speaker does not mention that we are sitting over bodies interred in the seventeenth century, for the Green has served other purposes: At various times it’s been a burial ground, a marching ground, a grazing ground and even a campground for townsfolk who lived too far from church to make it to town and home in the same day.
Today, the Green is a park owned by the town and overseen by a committee, but for at least the first two centuries of its existence, it served as an economically productive space, governed by the townsfolk themselves. It was, in other words, a commons.
As recently as the nineteenth century, North America included many examples of commons customs. Indigenous nations hunted and gardened in spaces reserved for all their members, often extending rights to other communities by diplomacy and hospitality. White agrarians shared meadow and wetlands in Massachusetts, cooperated in management of lobster fisheries in Maine, and communicated over the “law of the woods” in the Adirondacks.
But, as private property and state ownership pushed out every other form of possession, practices of collective ownership fell into neglect and are poorly understood today.
In the twentieth century, anti-communist ideologues attacked the entire idea.
A single essay, “The Tragedy of the Commons,” written in 1968 by the biologist Garret Hardin, did more damage to our understanding than anything written by an English lord circa 1668. Hardin’s parable of greedy shepherds deploying their livestock to nibble up every last blade of grass in a universalized common meadow assumes that the commoners couldn’t get together to make decisions about how best to use the space. Lacking history, anthropology, or any evidence, Hardin’s essay amounts to little more than his own dismal view of human nature.
Thinkers on the Left, meanwhile, have tended to project their own assumptions onto commons customs without understanding how or why they came to be.
A commons is not a tragedy of resource depletion, not a collective farm, not a relic of a savage past, and not proof of ancient communism. As a form of land, it is neither res nullis (owned by no one, like wild animals or schools of fish) nor res communis (owned by everyone, like Antarctica or the Moon).
“The word ‘common’ means ‘together with others,’” wrote the thirteenth-century legal scholar Henry de Bracton. In his world, a commons was an agricultural village in which each household tended its own fields and pasture and made collective decisions about the whole settlement, but commons have taken many other forms as well. At base, it’s a social relationship of the useable Earth that is neither private nor state property but owned and governed by its constituents to meet their specific needs.
This relationship originated in specific circumstances. After the implosion of the Western Roman Empire around A.D. 500, peasants in Europe enjoyed great freedom from centralized authority.
By about the year 900, however, the thuggish war lords who developed political power in the vacuum began attacking them, capturing them on little kingdoms called manors. These new lords demanded from peasants the various products of their labor, like flour, butter, beer and lambs, which meant the peasants all had the same problem: how to endure lordly appropriation while thriving themselves.
As a way of smoothing out conflict and building efficiency, village councils began to decide where cattle should graze, where wheat should be planted, and which fields should lie fallow.
This is a segment of a blog that originally appeared in full at In These Times on August 16, 2023. Republished with permission.
About the Author: Steven Stoll is Professor of History at Fordham University. He is writing a history of land.
]]>This page provides answers to the following questions:
You must report your injury to your employer within 72 hours of the accident causing your injury and to the Workers’ Compensation Division of Wyoming within 10 days. You must then file a claim for benefits using the appropriate form for what benefits you’re claiming.
Though Wyoming law limits workers compensation requirements to public employers and extra-hazardous occupations, the list of extra-hazardous occupations is so extensive that most employees will be covered.
The injury must be related to the job and must not have been intentional.
You might be eligible to receive medical benefits, travel reimbursement, temporary total disability benefits, permanent partial impairment benefits, vocational rehabilitation, permanent partial disability benefits, permanent total disability benefits, and death benefits. More information can be found at WyomingWorkforce.org.
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You must report your injury to your employer within 72 hours of the accident causing your injury and to the Workers’ Compensation Division of Wyoming within 10 days. You must then file a claim for benefits using the appropriate form for what benefits you’re claiming.
The Division must review your injury report within 15 days. If the Division needs more information, you will receive an Initial Review letter identifying the information needed.
After issuing an Initial Review letter, the Division has an additional 45 to review the information received.
The Division will issue a Final Determination letter within 60 days of receiving your injury report.
If you are unhappy with the Division’s decision, you have 15 days to after the Final Determination letter was mailed by the Division to request a hearing. A claims analyst will be assigned to your case during the process and will be able to help you in requesting a hearing.
This page provides answers to the following questions:
If you are injured during the course of your work day, you should notify your employer as soon as possible. You should notify your employer of your injury within thirty (30) days of your injury. To qualify for workers’ compensation, however, you should notify your employer of the injury within two (2) years. Upon notification, your employer is responsible for filing a report of your injury to their workers’ compensation insurance provider within seven (7) days of notification. The insurance provider is then expected to report the injury to the Wisconsin Workers’ Compensation Division. This must be done within fourteen (14) days of the injury.
With the exception of only a few categories of employees, nearly all employees in Wisconsin are covered by workers’ compensation insurance. Your employer may become self-insured or purchase a workers’ compensation coverage policy to apply to all employees.
The best way to ensure the receipt of benefits is to timely file all requested documentation and to keep accurate and detailed records of all filings, medical records, and expenses associated with your work related injury.
You may be entitled to a variety of types and amount of benefits depending on the extent of your injuries. For example, payments for all reasonably related and necessary medical expenses. Wage replacement benefits for varying degrees of your disability are also available to help sustain you during your treatment and recovery. Payments of wage replacement benefits are subject to a three (3) day waiting period. This means that you will not be entitled to lost wages unless your injury prevents you from returning to work for a period of three (3) days or more. If your injury is more severe, as in you are unable to fully recover from the injury, you may be awarded to the loss of earnings associated with permanent disability.
Vocational rehabilitation and retraining services are available to help you return to the workplace, whether in your previous field of employment or in a new field.
If your injury results in your death, surviving family or dependents may qualify as beneficiaries to receive workers’ compensation benefits.
Once your claim is established, it will remain open for twelve (12) years from the date of your injury or last payment. You have twelve years to bring forward any disputes for resolution or claims to the Workers’ Compensation Division. This will begin with filing for a formal hearing in front of an Administrative Law Judges. The Workers’ Compensation Division will recommend that an informal mediation be scheduled to resolve any outstanding disputes. This is because the formal process can become lengthy and costly in different situations. However, you may elect to move forward with the formal hearing.
At the formal hearing, the Administrative Law Judges hear evidence presented from both sides (very similar to a trial). If the dispute is not settled or dismissed before the completion of the formal hearing, the Administrative Law Judge will issue a decision within ninety (90) days of the close of the formal hearing. If you or the opposing party are unhappy with the decision, both sides have a right to appeal the decision to the Labor Industry Review Commission within twenty-one (21) days. You must complete and submit a petition for review with that body to proceed with an appeal. The Labor Industry Review Commission will review the decision of the Administrative Law Judge and make its own determination and finding on the dispute. This will constitute a final order and determination on the dispute.
If you remain unhappy with the determination of the Workers’ Compensation Commission after all procedures and appeals have been exhausted, you may appeal the decision of the Labor Industry Review Commission to the state court system. All court rules and procedures will apply.
This page provides answers to the following questions:
If you are injured while on the job, you should 1) seek the appropriate medical care necessary; 2) provide written notice to your employer as soon as possible, if not immediately; and 3) file a workers’ compensation claim.
Upon notification, your employer should report the details of your injury to the employer’s insurance provider within five (5) days. The insurance provider will make its assessment of the circumstances surrounding your injury and make a determination of whether to accept liability. You should receive notice of the determination, whether in the affirmative or the negative, with details of the reason why the determination was made as it was.
Your employer is expected to provide a workers’ compensation insurance coverage policy to employees. However, state law permits the employer to become a certified self-employer or to purchase an insurance policy from a private insurance provider. You should discuss what insurance policy your employer provides.
Observing the applicable filing requirements and keeping detailed and accurate record of the circumstances associated to your claim will help you to move forward in the claims process.
The amount of benefits you may be entitled to will depend on the extent and severity of your injuries. Some examples of benefits you may entitled to include:
Upon notice from the insurance provider regarding the determination to accept or deny your claim, the insurance provider must give you notice that you have sixty (60) days to file with the Office of Judges. This will serve as a constructive complaint made against the insurance provider. The insurance provider must respond with an answer to the complaint within fifteen (15) days of notice of the complaint. A hearing will subsequently be scheduled in front of the Workers’ Compensation Commission where each party will be able to present an argument and evidence supporting that evidence, much like a trial. A hearings officer will preside over the hearing. At the end of the hearing, the hearing officer will prepare a report and recommendation to be approved by the Workers’ Compensation Commission. Both parties will be awarded seven (7) days to file objections and comments to that report and additional three (3) days to respond to the opposing party’s objections. The commission will then decide whether to accept or reject the recommendation of the hearing officer. This will constitute a final order.
Any subsequent appeals may be made to the state court, subject to all applicable rules and procedures.
This page provides answers to the following questions:
If you are claiming an injury, you must file a claim with the Washington State Department of Labor & Industries or your self-insured employer within 1 year.
If you are claiming an occupational disease, you must file a claim with the Washington State Department of Labor & Industries or your self-insured employer within 2 years.
Employers must have workers compensation insurance in Washington. However, there are several exceptions:
The injury must not have been deliberate. Additionally, you must not have intended to commit a felony while receiving the injury. The injury also must not have been caused by the deliberate intent of a beneficiary.
You might be eligible for medical benefits, wage replacement, prescription medications, travel reimbursement, property reimbursement, and permanent partial disability. More information can be found at the Department of Labor and Industries.
If you are claiming an injury, you must file a claim with the Washington State Department of Labor & Industries or your self-insured employer within 1 year.
If you are claiming an occupational disease, you must file a claim with the Washington State Department of Labor & Industries or your self-insured employer within 2 years.
You will receive your first benefit check within 14 of with the Washington State Department of Labor & Industries or your self-insured employer receiving a report from your doctor. The Washington State Department of Labor & Industries will also send you a claim arrival card, a first payment letter, informational pamphlets, and legal documents.
The Washington State Department of Labor & Industries must receive your written protest within 60 days of the date you received the decision (15 days for decisions about vocational benefits.) The written protest may be sent online or by letter. You may then appeal the Washington State Department of Labor & Industries’ decision to the Board of Industrial Insurance Appeals.
This page provides answers to the following questions:
If you are injured on the job, report your injury to your employer as soon as possible if not immediately. Upon notification, your employer is required to file a report of the accident with the Workers’ Compensation Commission. The employer must file this report within ten days of learning about your accident or injury. If your employer fails to act on your behalf, you may contact the Commission and a file a report on your own.
Under Virginia state law, employers are required to provide workers’ compensation insurance to those they employ.
In order to receive benefits for an injury, your injury must be an accident that 1) Occurred at work or during a work-related function; 2) was caused by a specific work activity; and 3) happen suddenly at a specific time (no gradually onset injuries).
The Virginia Workers’ Compensation Act covers the following benefits:
To ensure the protection of your rights and the receipt of a maximum amount of benefits, you must file a claim with the Workers’ Compensation Commission within two (2) years of your accident.
It is important to exhaust all your options in claim dispute resolution before proceeding with more formal matters. The formal process can be lengthy and sometimes costly. Contacting your employer or employer’s insurance provider and discussing why your claim was denied may be all it takes to resolve any pending issues.
Once you file a claim with the commission and request a hearing to discuss that claim, you and your employer and/or employer’s insurance provider must present arguments with the respective views of whether the injury was caused by work. A written hearing opinion is issued with the determination of whether the employer is required to pay benefits to you. If you or the employer disagree with the written hearing opinion, either party may appeal the decision to the full commission within thirty (30) days. To appeal, you must complete and submit a Request for Review.
If you continue to disagree with the determination, an appeal may be made to the state Court of Appeals within thirty (30) days of the full commission’s decision. All court rules and procedures will apply.
This page provides answers to the following questions:
If you are injured while on the job, seek the appropriate medical care necessary. Report the accident details and information about your injury to your employer as soon as possible. Your employer must then report this information to the Vermont Department of Labor, Workers’ Compensation Division within seventy-two (72) hours. Make sure to obtain a copy of this report for your own personal records. If your employer fails to file a report, you may call the Workers’ Compensation Division and file a report on your own behalf.
With the exception of a few categories of employers, employers are expected to have insurance coverage for their employees under state law.
Vermont state law contends that if you are injured on the job, you have a claim. Your receipt of benefits will depend on the extent of your injuries and the effects on your ability to work.
Your employer or your employer’s insurance provider determines whether to accept liability for your injuries. If either party denies your claim, you may not be able to receive benefits. The employer or employer’s insurance provider is required to provide a detailed account of why your claim was denied to you. Make sure to request information about these details in the event your claim is denied.
Depending on the specific circumstances related to your injury, you may qualify for different kinds of benefits in varying amounts. Medical benefits will be provided for all reasonably necessary medical services and supplies related to treating your injury.
Wage replacement benefits will be paid to you if your injury prevents you from returning to work, either temporarily or permanently. Temporary disability, for example, is a type of wage replacement that will be paid to you if you are unable to return to work for a number of days. However, if you are able to return to work, but perhaps at a lesser capacity or part time, you may be entitled to temporary partial disability benefits that will compensate you for the difference in your pre-injury wages and post-injury wages. If your injury result in permanent impairment, loss of a body part or loss of function to a body part, you may also be qualified to receive certain benefits.
After notifying your employer about your work-related accident, your employer has seventy-two (72) hours to report the injury to the Workers’ Compensation Division. The employer should contact the insurance provider about your injury. The insurance provider has twenty-one (21) days to make a determination about whether to accept liability for your claim.
If your employer or the employer’s insurance provider deny your claim, you may contest the denial with the Workers’ Compensation Division. The Workers’ Compensation Division assigns a specialist to work with you, the employer, or the insurance claims adjuster to resolve any disputes associated with your claim. These specialists facilitate a number of roles, which can include providing you more general information, serving as a mediator among the parties involved, and also has the ability to issue interim orders with ongoing disputes.
If a compensation plan cannot be agreed upon, any of the parties involved may apply to the Workers’ Compensation Division for a hearing. A commissioner will be assigned to hear the issues in dispute. The commissioner may determine that a mediation should be held to facilitate a resolution among the parties. If this is not recommended, the commissioner will issue an award and determination within sixty (60) days of the hearing being held. This is considered to be a final order and determination.
Upon the issuance of an award by a commissioner, the parties may appeal the award within thirty (30) days of the date of the award to the superior court of the county the parties could file a civil action within. All court rules and procedures will apply to appeals at this level.
This page provides answers to the following questions:
If you suffer from an injury that occurred while you were at work, you must report the injury to your employer. Upon notifying your employer, the employer is expected to complete a First Report of Injury form and submit it to the Utah Labor Commissions Division of Industrial Accidents within seven (7) days. The employer should also contact the insurance provider with information about your injury.
With the exception of certain categories of employers, all employers are expected to provide workers’ compensation insurance to their employees. Commonly, employers will purchase a coverage policy from a certified insurance provider. Your employer should have the relevant insurance information posted at the workplace or readily available to employees. If you are confused about whether your employer provides insurance, you may search your employer with the Utah Labor Commission.
In Utah, workers’ compensation is a no-fault system. However, certain findings may prevent you from claiming benefits. For example, intentionally self-inflicted injuries will not be covered by your employer’s insurance provider. Another example would be if your injury was the result of intoxication due to alcohol or illegal drug use.
The state workers’ compensation scheme provides that wage replacement and medical care for injuries resulting from a work-related accident or illness be provided. These benefit areas are further divided into subcategories included medical care, disability benefits, wage replacement and burial benefits. You may receive a varying amount of benefits depending on whether you qualify for benefits in the relevant categories. This will depend on the particular circumstances of your claim.
Medical Care: payments for all reasonable and related medical procedures and treatment will be paid by your employer’s insurance provider.
Wage Replacement: payment for the loss of wages related to your injury. This will depend on the extent of your injuries and the time you are incapable of returning to work. Wage replacement due to injury is categorized as follows:
Death Benefits: If your work-related injury result in your death, your surviving family, dependents, or estate may be entitled to certain monthly payments and funeral and/or burial expenses.
When your employer notifies the insurance provider regarding your injury, your insurance provider will review the report and make a determination about whether to accept liability for your accident. If your claim is denied by the insurance company, first speak to the workers’ compensation claims adjusted to see if the denial is the result of missing information; in this case, supplying the relevant information could resolve the dispute. If this is not the case, contact the Industrial Accidents Division to get some more information regarding what your options may be. You may decide that you would like a hearing to resolve the dispute, in which case you should file an Application for Hearing with the Labor Commission’s Adjudication Division. This will initiate a mediation process to settle the claim. If your dispute remains unresolved, an Administrative Law Judge will oversee a hearing and make a decision regarding your claim.
Submitting the application for a hearing initiates a formal adjudication process. It is like a court-process, somewhat like a trial. Both sides will be able to provide written statements of the issues, evidence, present oral testimony, and file motions. This process may be tricky; while you are not required to obtain an attorney, you may find that in your specific case an attorney will help you navigate through the process.
You or the opposing party may submit a Motion for Review within thirty (30) days of receiving the Administrative Law Judge’s decision. The case will then be referred to the Labor Commissioner or Commission Appeals Board. The Appeals Board has the ability to affirm, amend, modify or reverse the Administrative Law Judge’s findings.
If you remain unsatisfied with the determination at this point, all appeals must be made to the Utah Court of Appeals. All court rules and procedures will be applicable to proceeding with the case.
This page provides answers to the following questions:
If you are injured as a result of a work-related accident, seek the necessary medical care and attention the injury requires (especially in cases of an emergency). To best ensure the receipt of potential benefits, you must report your injury to your employer within thirty (30) days of the date the injury occurred or from the date you realized the injury was work-related.
Complete an Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease (DWC Form-041) and submit this to the Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) within one (1) year of the date of your injury. This will begin your claims process.
Your employer is expected to partake in some form of a workers’ compensation insurance program. Some examples of insurance schemes your employer may be a part of include: your employer has purchased a policy from a private insurance group; your employer is certified by the TDI-DWC as self-insured; your employer is a part of a group of employers certified as self-insured; or is a self-insured governmental entity. Your employer should have information regarding the insurance program applicable to you freely available; however, if you are unsure you should contact your local TDI-DWC Office.
Keeping a detailed record of your injuries, medical procedures, and copies of forms you have filed will best ensure your receipt of benefits. This will also help to ensure the strongest protection of your rights should a dispute with your employer or employer’s insurance provider emerge during the claims process.
The TDI-DWI oversees the disbursement of four kinds of benefits within the workers’ compensation scheme. These include the following:
If you are planning on filing a workers’ compensation claim, contact the Office of Injured Employee Counsel (OIEC). This is a state agency designed to advocate and counsel for injured employees. The agency provides a wide-array of services for injured employees, ranging from education and general assistance to assigning an ombudsman to help you through the actual dispute process.
The claims process begins when you complete the Employee’s Claim for Compensation for a Work-Related Injury or Occupational Disease form (DWC Form-041) and submit it to the TDI-DWC. Remember, you must file this form within one (1) year from the date of your injury; if you do not, you may lose your ability to successfully file a claim.
Both the OIEC and the TDI-DWC will encourage you to exhaust all opportunities to handle any potential disputes with your employer or employer’s insurance provider before seeking a hearing before the TDI-DWC. This may include resolving the dispute or any pending issues with your employer or your employer’s insurance provider directly or attending a Benefit Review Conference along with the adverse party. The Benefit Review Conference in an informal meeting overseen by a Benefit Review Officer. The Benefit Review Officer will help you and the adverse party to reach an agreement. If no agreement can be made, the Benefit Review Officer may encourage other forms of remediation, including an arbitration. However, you may decline to pursue arbitration; it is not mandatory.
A Contested Case Hearing follows the Benefit Review Conference. It resembles a formal hearing and is overseen by a TDI-DWC Hearing Officer. The role of the Hearing Officer here is to resolve all issues left unresolved at the Benefit Review Conference. The Hearing Officer will issue a written decision and order. This decision is appealable to the TDI-DWC Appeals Panel. The Appeals Panel will issue a written decision regarding the appeal. This is last administrative option available through the TDI-DWC.
If you or the opposing party remain unhappy with the determination, you may appeal the decision of the TDI-DWC to a state court of law. The rules and procedures of the relevant court will apply.
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If you are involved with a work-related accident, you should notify your supervisor as soon as possible with all of the details about what happened. You may seek the appropriate medical attention to treat any possible injuries you may have. The treating physician in this circumstance will become your main physician for purposes of receiving compensated medical treatment. Any subsequent physicians you may see must be within the same network as the initial treating physician or must be made upon that physician’s referral. Notify the doctor or doctors involved that your injuries or condition have been the result of a work-related accident.
Your employer must submit all forms and information regarding your injury to the insurance provider on the Tennessee Employer’s First Report of Injury or Illness (Form C-20) within one (1) working day of knowledge of your injury or illness.
The insurance provider is then expected to contact you and your employer within two (2) working days to get more information regarding the nature of your accident and injury. The insurance provider will use this information to either accept or deny liability for your accident. This determination must be made within fifteen (15) days of notice of your injury.
Your employer may choose to be self-insured or purchase a workers’ compensation insurance coverage policy.
Timeliness in filing requirements and keeping an accurate and detailed record of all filings and medical bills and history are essential to filing a successful claim.
You may file for a number of benefits in regards to your injury; however, these benefits may be subject to certain filing requirements and/or conditions to be met that may alter whether or not you will be entitled to receive them. The types of benefits you may be entitled to include the following:
You request a Benefit Review Conference with the Department of Labor and Workforce Development within one year of the date or your injury or one year from the date your employer paid your last disability or medical bills. If you are unable to reach a settlement after the Benefit Review Conference has been held, you may choose to file an appeal to the Tennessee Claims Commission. This will lead to a hearings process where each side will be able to present its version of the issue at hand. At this hearing, a commissioner will make a determination regarding the case.
If you remain unsatisfied with the determination of your claim, you may appeal the decision to the Tennessee Supreme Court. All applicable court rules and procedures will apply.
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South Dakota Department of Labor and Regulation, Workers’ Compensation
If you are injured while on the job, make sure to report your injury to your supervisor as soon as possible. This should preferably be done in writing, reflecting upon as many details about the nature of the accident as you can. Seek the appropriate medical attention if necessary and also be sure to update your employer about your medical condition. Your employer should fill out a First Report of Injury form upon learning of your accident. This should be done within seven (7) days of the date of your injury or seven days (7) of your employer learning of your injury.
Your employer is not required to provide workers’ compensation insurance; however, this is at the employer’s own risk because they may find themselves unprepared to deal with the circumstances and costs associated with work-related accidents. Your employer may choose to purchase a workers’ compensation insurance policy or decide to be self-insured. In either situation, the insurance company or the self-insured employer will pay the medical costs associated with treating your injury.
It is highly recommended that you follow the deadlines and filing requirements of both your employer and the state’s Department of Labor and Regulation to help ensure the maximum receipt of benefits in your claim. Depending on the nature and circumstances of your work-related accident, you may be prevented from receiving benefits. In most cases where an injury is the result of willful misconduct, failure to observe workplace rules and regulations, intoxication, or illegal drug use, you will not be permitted to receive benefits.
Depending on the nature and circumstances surrounding your work-related accident, you may receive one or more of the following types of benefits:
Your employer or your employer’s insurance provider will contact the Division of Labor and Management with the information pertaining to your claim. Upon accepting liability for the accident, the insurance provider or your self-insured employer will begin paying for all necessary medical expenses related to your injury. This may be inclusive of wage-loss benefits should your injury prevent you from returning to work for a period of seven (7) consecutive days or more.
If you feel as though your claim is being mishandled, you should first call the claim adjuster at your employer’s insurance company or your employer and try to resolve the issue. Next, call the Division of Labor and Management and speak to a specialist about your problem. If at this point the situation has yet to be resolved, you may choose to pursue a variety of options available through the Division of Labor and Management. You may try to work through the issues via a mediation held with a division representative or you may file a petition for a hearing. You must file a petition for a hearing within two (2) years of the date of denial of benefits.
If after going through the hearing process and receiving a final order and determination by the Department of Labor and Regulation, you or your employer may pursue an appeal to the state circuit court for additional review. All appeals will governed by all applicable court rules and procedures.
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If you are injured on the job, report the details of the accident to your employer as soon as possible, if not immediately. You must report the accident to your employer within ninety (90) days or risk your ability to receive payment for medical fees and lost wages.
With some exceptions, almost every employer and employee is covered by the South Carolina Workers’ Compensation Act. Under this Act, all covered employers are expected to provide sufficient insurance coverage for wage-compensation or establish proof of personal ability to pay out of pocket for potential wage-compensation claims.
Timeliness is an essential element of the claims process. Make sure you keep track of the details surrounding your work-related accident, including dates, and report those details as soon as possible.
Worker’s compensation benefits can include payments for necessary medical treatment and expenses, loss of wages, and/or compensation for permanent disability or disfigurement.
Compensation for loss of wages usually begins after you have been absent for seven or more days from work as a result of your accident. Your wages will be paid to you at a reduced rate, approximately two-thirds (67%) of your average weekly wages. State law mandates that wage compensation may be paid for a maximum period of 500 weeks.
Payments for disability or disfigurement will depend on the extent of your injuries and the circumstances of your situation.
Workers’ compensation claims should be filed within two (2) years of your work-related accident. The claims process begins when you notify your employer. At that point, your employer or your employer’s insurance provider has ten (10) days to report the accident to the Workers’ Compensation Commission. This signals to the Commission to begin monitoring your claim (i.e., payments related to your medical treatment, lost-wages) with your employer and/or employer’s insurance provider.
You may file an application for a hearing before a commissioner for one of the following reasons: if your employer does not report your accident, if your employer denies your injury is work-related, or if you believe you have not received all the benefits owed to you. Also, if you and your employer cannot reach an agreement regarding compensation you may file for a hearing within fourteen (14) days of notifying your employer of the work-related accident or the last payment of compensation.
A commissioner will render a determination about your dispute or issue. This determination may be appealed to Commission for review. When this happens, a panel of three to six commissioner is assembled to consider the circumstances surrounding your appeal.
If you or your employer continue to be dissatisfied with the Commission’s determinations you may appeal your claim subsequently to the Court of Common Pleas and the State Appellate Courts.
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If you have an accident at work, you should report the circumstances and extent of the accident as soon as possible. If the accident results in an injury of some sort, you should inform your employer of this as well. The notification will serve as the start to filing a claim; upon receiving information about your accident, you employer should file a report with the employer’s insurance coverage provider.
All employers employing one or more individuals are expected to provide workers’ compensation insurance.
If your employer is required to provide workers’ compensation insurance coverage under the law, you may qualify for workers’ compensation benefits if you are injured or become ill as a result of an accident or conditions at your place of employment. Essentially, your injury or illness has to be work-related to qualify for consideration to receive workers’ compensation benefits.
To qualify for benefits consideration, you must be unable to attend work or earn wages for at least three consecutive wages. Benefits become payable on the fourth day you are absent or unable to go to work. Workers’ compensation benefits typically fall into one of the following categories: wage compensation, medical treatment, benefits for disfigurement or loss of use, participation in rehabilitation, and death benefits.
Wage compensation benefits are split into different categories and depending on the extent of your injuries and your ability to return to work, you may be entitled to varying amounts. Total disability benefits apply when you are physically incapable of maintaining any gainful employment, more specifically that physically you cannot earn wages. If you are considered to be totally disabled, you may expect to receive up to seventy-five percent (75%) of your previously earned average weekly wages at the time of your injury. Partial disability benefits apply if your ability to earn wages is affected but you are not considered totally disabled. In these circumstances, your employer or employer’s insurance provider communicates with your treating physician regularly to get an idea of when you have reached maximum medical improvement (i.e. further medical treatment will not change or improve the condition of your injury or illness). At this point, your employer may choose to alter the amount of the benefits paid. If you are either totally or partially disabled and you claim dependents, your dependents may receive up to fifteen ($15) dollars a week for your disability. Dependents who survive you in the event that your injury or illness results in your death may receive up to forty dollars.
Rehabilitation benefits are services you may choose to participate in to help you return to work or gain different forms of employment
Once your employer files a report about your accident with the employer’s insurance provider, the insurance company will review the incident and determine whether the insurance company will accept liability on behalf of your employer. The insurance company will send you a Memorandum of Agreement if the insurance company decides to accept liability for your injury or illness. The insurance company may also choose to not accept liability for your injury or illness, in which case the insurance company will send you a Non-Prejudicial Agreement. This means that the insurance provider will pay you benefits for up to thirteen weeks, but will not accept liability. At thirteen (13) weeks from the date of your injury, the insurance provider may stop payments to you. If the insurance provider discontinues payments prior to the thirteen week cut off, you may file a petition with the Workers’ Compensation Court. You must file such a petition within two (2) years of the date of your injury.
Once you file a petition with the Workers’ Compensation Court, you should expect to receive a pretrial notice informing you of your court date. Typically, these court dates are scheduled for twenty-one (21) days after the date of your filing. The Workers’ Compensation Court will ask you to participate in a pre-trial conference to see if any of the issues of your case or the opposing party’s may resolved. If not, the judge presiding over the pre-trial conference will enter a pre-trial order addressing the relief sought. This entry and the determination made within it is effective immediately and requires immediate compliance. If either you or the opposing party are unhappy with the pretrial order, the matter may be appealed for trial. The petition for appeal must be made within five (5) days of the entry of the pretrial order.
The appeal then proceeds with the initial hearing, which can either prioritize the issues and disputes of the claim to help streamline the appeal process or function as a means of scheduling whereby the court can form lists or gain an idea of the number of witnesses or the length of time required for the appeal.
The appeal process is a full evidentiary hearing on all of the issues raised in the petitions or identified at the pretrial hearing. At the close of the trial, the trial judge will make a decision with regards to the relief sought. A final decree is then entered.
Rhode Island state law provides for the initial appeal of a trial judge’s determination to the Appellate Division of the Workers’ Compensation Court. The Chief Trial Judge is required to assemble an appellate panel to review the case on appeal. The panel will make a decree on the legal and factual issues presented on appeal, a decision to either affirm, reverse or modify the lower court’s order. Any subsequent appeals from the Appellate Division will be assigned to the Rhode Island Supreme Court, but only if a Writ of Certiorari has been granted by the Rhode Island Supreme Court.
If you are injured at work or become diagnosed with a disease or illness that is work-related, you should report the injury or illness as soon as possible. Timeliness is essential to the filing process, as well as documentation and record keeping. Tell your employer when and how you were injured. If, as a result of your work related injury or illness, you miss a day of work, your employer is required to file a first report of injury with the Bureau of Workers’ Compensation.
Almost all Pennsylvania workers are covered by the state’s workers’ compensation law. Each employer must provide workers’ compensation coverage (i.e. insurance) for all of their employees, whether full, part-time, or seasonal.
If you are injured while at work or the work you perform or the conditions of your place of work cause you a disease or illness, you may be entitled to claim workers’ compensation benefits in Pennsylvania. However, injuries or illnesses intentionally self-inflicted, caused by a violation of state and/or federal law, or by intoxication will prohibit you from claiming benefits.
Depending on the nature of your claim and the extent of your injury or illness, you may be entitled to receive one or more of the following benefits:
If your injury or illness reaches the extent of perhaps needing to file a workers’ compensation claim, your employer must decide upon the filing of a first report of injury form whether to accept or deny the claim (i.e. whether to accept responsibility for the event). If your employer denies responsibility for the claim, you may petition the denial to the Bureau of Workers’ Compensation to be heard before a Workers’ Compensation judge.
It is important to remember that these petitions can sometimes be costly and/or lengthy in time. You may even choose to hire an attorney, which could mean greater costs. Alternative dispute resolution, which resembles a mediation, could be a great option for you or the opposing party. In this scenario, a workers’ compensation judge will help to work through the issues between you and the opposing party with hopes of reaching a settlement and avoiding the petition stage. To request alternative dispute resolution, you must file a petition with the Office of Adjudication of the Workers’ Compensation Bureau.
Decisions made by the Bureau of Workers’ Compensation judges may be appealed to the Workers’ Compensation Appeals Board. If you or your employer continue to be unsatisfied with the determination, you may subsequently appeal the determination to the Commonwealth Court.
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If you have an accident at work, notify your employer and about your job-related injury as soon as possible. Also, if your injury requires medical attention, seek the attention of a health care provider. Two forms you should make sure to complete are the Form 801: Report of Job Injury or Illness and the Form 827: Worker’s and Health Care Provider’s Report for Workers Compensation Claims. You can request the Form 801 from your employer and the Form 827 from your health care provider.
Your employer should provide you with the information pertaining to the workers’ compensation insurance coverage program the employer partakes in.
The best way to insure you receive benefits is to facilitate open communication with your employer, employer’s insurance provider, and your medical care provider.
If your injury requires medical treatment, you may be eligible to receive medical care benefits until you have reached recovery (as deemed by your doctor). You are capable of selecting the medical care provider of your choice. However, the medical care provider may be limited in the time that individual or service provider is capable of providing you treatment for or you may run the risk of having to pay out of pocket for your treatment if your claim is denied.
Depending on the extent of your injuries, if you are unable to return to work, you may be eligible to receive time-loss benefits. These are essentially wage replacement payment to compensate your for days of work missed as a result of your injury. However, you will not be eligible for such payments unless 1) your doctor has authorized it and 2) you have missed three or more days of work.
After completing the Form 801, your employer should submit the Form to the employer’s insurance provider within five (5) days. Next, the insurance provider is expected to provide a determination with regards to your claim about whether your employer will accept or deny liability. This should happen within sixty (60) days of you providing your employer the Form 801. If your claim is accepted, the insurance provider will send you a Notice of Acceptance which will list the conditions it pre-approves coverage for. If your claim is denied, your insurance provider will specify any appeal rights you may utilize in challenging the determination.
If you are unhappy with the determination of the insurance provider, either regarding the determination as a whole or an issue is in dispute, you may request an order of reconsideration within sixty (60) days. The insurer is then expected to provide an answer within 18 days of your request.
At this point, you or the insurance provider can request a hearing with the Workers’ Compensation Board should any issues continue to persist. The Workers’ Compensation Board will review your claim and the case history in order to issue an Order or Opinion. The insurer’s denial is either reversed or affirmed. Either party- you or the insurer- can proceed with another round of appeals in which the Workers’ Compensation Board will review the claim. This request must be made within thirty (30) days of when the Workers’ Compensation Board’s Opinion and Order was issued.
If after exhausting all appeals with the insurance provider and the Workers’ Compensation Board, you or the insurance provider remain unsatisfied with the determination(s) that have been made, a final round of appeals may be made to the state Court of Appeals (within thirty (30) days of the Workers’ Compensation Board’s review of the initial Order and Opinion) and then possibly to the state Supreme Court. These proceedings will be governed by the rules and procedures of the Oregon State Court.
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If you are injured while on the job, notify your supervisor as soon as possible if not within thirty (30) days of the accident or injury. It’s imperative to make promptly and clearly communicate to your employer the circumstances involved with your accident and/or injury.
Workers’ compensation coverage begins upon employment, there is no waiting period. There are limited circumstances where individuals will not be protected by workers’ compensation laws in the state; therefore, virtually every employee in Oklahoma is covered by worker’s compensation law. With this in mind, Oklahoma expects that employers provide workers’ compensation coverage for those they employ.
The best way to insure you successfully claim workers’ compensation is to maintain open and clear communication with all parties involved, like your employer or employer’s insurance provider, and timely notify or file the appropriate recipients of any issues or changes that arise in your circumstances.
If your injury requires medical care and attention, your employer or employer’s insurance provider can be expected to cover the expenses associated with all reasonably necessary medical care and attention treatment of your injury requires.
If your injury prevents you from returning to work or working at a full capacity, you may be eligible for wage-replacement benefits, called Temporary Total Disability benefits. These benefits are provided to individuals whose injuries cause them to miss work for more than seven calendar days. Typically, these benefits are payments calculated as roughly seventy percent (70%) of the injured person’s average weekly wages. Your eligibility as well as the duration you may be entitled to these benefits will depend largely on the circumstances surrounding your injury.
Permanent Partial Impairment benefits are paid for disabilities caused by the workplace injury that are permanent but do not cause total disability. This means that you will be able to attain some form of employment or have the ability to engage in some type of work. Like Temporary Total Disability, eligibility will depend largely on the extent and scope of your injuries. On the other hand, if your injury is Permanent and Total, meaning you are unable to return to work or obtain gainful employment, you may be entitled to Permanent Total Disability benefits which are calculated at seventy percent (70%) of your average weekly wages.
Death benefits may be available to your survivors and/or dependents should your injury result in death. Spouses typically receive a lump sum benefits payment and dependent children receive weekly benefits based on the average wages the deceased previously earned.
To begin the claims process, you must complete a Form 3 to submit to the Workers’ Compensation Court. Remember, you don’t have unlimited time to file a claim. Promptness and timeliness are essential to ensuring you are in the best position to assert a successful claim. To file a claim for workers’ compensation benefits with the Worker’s Compensation Court, you must file your claim within one of the following: 1) two years or your injury or accident 2) two (2) years of your last benefits payment 3) or within two (2) years of any authorized medical care.
The first stage of the claims process should always involve your employer or your employer’s insurance provider. However, if a dispute arises or your employer is unwilling to accept liability for your injuries, you may request the Workers’ Compensation Court to step in and help resolve any issues that may arise. Your cases will be set before a judge. To request a case, you must fill a Form 9 and submit to the Workers’ Compensation Court.
A trial or case in Workers’ Compensation Court is much like any other case heard in court, but these cases will not heard by a jury. The presiding judge will determine whether benefits should be awarded or how to resolve the issue a hand.
The Workers’ Compensation Court encourages you to exhaust all options to mediate or resolve the issues of your cases without having to engage in litigation-like trials. You can request a mediation to handle the dispute.
Appeals from the initial Workers’ Compensation Court hearing may be made by filing two copies of a Request for Review within ten (10) days the order of the court was filed.
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If you are injured while on the job, report the injury or circumstances of the accident to your employer as soon as possible, if not immediately. Your employer is expected to assist you in filing a claim with the employer’s insurance provider. There are many options for filing your claim- you can do so online, through your employer’s insurance provider, or by completing a First Report of An Injury, Occupational Disease or Death application. As of September 29, 2017, the filing time has been decreased to one year therefore claims must be filed within this time frame.
Ohio employers are expected to provide workers compensation coverage but may elect to become self-insured or to participate in a coverage program with an authorized insurance provider. It is important for there to be clear communication about the expectations and procedures involved in filing a claim with your employer. Make sure to speak with your employer and ask questions about what steps you should take to deal with the outcomes of your workplace accident.
The best way to ensure the receipt of benefits is follow the procedures and filing requirements specified by your employer or your employer’s insurance provider. Clear communication and proper documentation will always serve you throughout this process, especially in the event of a dispute.
The state workers compensation system works to supplement medical expenses and wage-losses caused by a work-related injury or illness. The state’s main benefit is to help mitigate these kinds of expenses. However, the Bureau of Workers’ Compensation also provides vocational training and return-to-work programs to help assist you in returning to gainful employment or re-learning skills.
There are several forms of workers’ compensation offered through your workers’ compensation coverage program, classified by state law and the Bureau of Workers’ Compensation. What you may be entitled to receive will depend largely on the extent of your injuries. Below is a short description of each benefit you may be entitled to, depending on your claim:
Remember to report the circumstances of your accident to your employer as soon as possible, if not immediately. If you receive medical treatment before speaking with your employer, your medical provider should contact your employer or employer’s insurance provider within twenty-four (24) hours of treatment. Clear communication is key- if you have worked with a medical care provider and you later inform your employer, make sure to share the information with your employer that a claim may already be underway.
After filing a claim, you will receive a packet of information and a claim identification card with all the information regarding your claim and your designated Bureau of Workers’ Compensation claims service specialist. Your claims specialist will assist you throughout the claims process and keeps track of your progress throughout. For example, if you miss more than eight (8) days of work your claims specialist will call you within one week of when your claim is filed.
Your claim will be evaluated within twenty-eight (28) days of being filed, at which time you will learn whether your claim is to be accepted or denied. If either you or your employer disagrees with the determination, both parties are entitled to appeal the decision within fourteen (14) days.
The appeals process has three levels:
If you have exhausted all appellate procedures within the Bureau of Workers’ Compensation, depending on the issues unresolved or disputed, you may be able to appeal the decision to the state court system within sixty (60) days. All applicable court rules and procedures will apply.
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If you are injured while at work, seek the appropriate medical care and attention to treat your injury, especially in cases of an emergency. The law requires you to notify your employer of a work-related injury within seven (7) days of the accident occurring or sooner if possible.
Workplace Safety & Insurance is an exclusive employer-financed, no-fault insurance state fund that covers work-related injuries, deaths, and diseases. Nearly 21,000 employers participate in the Workplace Safety & Insurance program, and most employers are automatically enrolled in the coverage program. Employers who designate North Dakota-residence or out-of-state employers working in North Dakota with significant contacts are expected to participate. However, if you are unsure about the coverage your employer is providing, speak with your employer or contact Workplace Safety & Insurance.
The most important role you can play as a claimant is to stay informed and in regular communication with your doctor about the status of your injury and medical treatment. Your benefits can largely change depending on how severe your injury is and whether you are able to return back to work. You should also provide your employer with updates on your condition. Transparency is key. This also means you should have detailed records in your possession and obtain copies of forms you have filed or correspondences you may have received or made throughout the process.
All claims filed with North Dakota Workforce Safety & Insurance are either wage-loss claims or medical claims. This means that you could be eligible for payments related to the medical expenses associated with your work-related injury, or also eligible for payments to compensate the loss of wages for days missed at work as a result of your injury. To qualify for wage-loss benefits, you must be unable to attend work for five or more days and/or have a loss in wages. The wage-loss benefits will also be calculated based on the extent of your injury and the extent it prevents you from maintaining gainful employment. North Dakota workers’ compensation law outlines three categories of wage-replacement benefits for individuals who have missed five or more days of work: Temporary Total Disability, Temporary Partial Disability, and Permanent Partial Disability. The three categories are described more thoroughly below:
In addition, you may also qualify for Permanent Partial Impairment benefits which are paid to you after you have reached maximum medical improvement.
Workforce Safety & Insurance also provides vocational and rehabilitation services to help you either return to your previous profession or seek other forms of gainful
The claims process begins when North Dakota Workforce Safety & Insurance receives one of the following: 1) A First Report of Injury Form 2) Receipt of a claim filed over the phone 3) receipt of claims filed over the internet. You have one year from the time of your accident or injury or two years after your death for you or a family member to file a claim in any of the above three ways. Once your claim is processed and registered in the Workforce Safety & Insurance system, a claims analyst will review your claim and make a determination about whether to accept or deny your claim.
If you are unhappy with the decision regarding your claim, you may contact the Decision Review Office to discuss your options moving forward. The Decision Review Office will review your claim information, potentially request additional information, and provide you, in writing, the results of the review. Typically, one of three things can happen at this stage: a reversal of the Workplace Safety & Insurance’s order; an alternative resolution that is agreed upon by both you and your employer; or no change to the determination.
North Dakota is a monopolistic state; the Workforce Insurance & Safety program is an exclusive coverage program for North Dakota employers. After exhausting all options during your claims process, consult with an attorney or contact Workforce Safety & Insurance to discuss any potential opportunities there may be to review your claim.
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If you are injured during the course of your work responsibilities and work hours, contact your employer as soon as possible and seek the appropriate medical attention. You may work in a place where an on-site health care provider is available; if so, you may need to visit this specified health care office to treat any injuries you may have. However if your employer has not designated a health care provider or office to seek treatment from, your own health care provider and/or hospital emergency room are acceptable places to receive treatment.
It is essential you establish open communication between you and your physician as well as with your employer. Tell your doctor or caregiver you were injured on the job and also identify your employer. As soon as possible or within thirty (30) days of your injury, notify your employer of your work-related accident. You may do this personally or a friend or family member may do so. Strive to make these communication in writing or to at least have some documentation of these events.
If your employer employs three or more employees, North Carolina state law states your employer must provide workers’ compensation coverage to all individual employees.
Timely filing of all documents and keeping a detailed and accurate record of all filings and medical expenses is the best way to ensure the most successful claims process.
Payments for benefits are paid by your employer and/or employer’s insurance provider. This can mean that your employer and/or employer’s insurance provider can play a substantial role in the direction of your medical treatment, i.e. who you seek treatment from, consultation in the course of your medical care.
The kinds of benefits you receive and the amount of time you are eligible to receive them will depend largely on the extent of your injury, the duration of treatment necessary, and whether the injury prevents you from maintaining gainful employment. Your doctor or medical care provider will be expected to categorize your injury and establish whether your injury permanently or temporarily disables you, and to what extent, partial or full. If your injury leaves you disabled for twenty-one (21) days or more, you may be eligible for lost wage compensation.
After notifying your employer of your injury (remember, you should do this in writing within thirty (30) days or sooner!), you or your employer should complete a Form 18 and file it with the Industrial Commission. This officially begins your claim process. You or your employer have two years to file the Form 18 with the Industrial Commission. Failing to do so could disrupt your ability to successfully attain a full range of benefits as a result of your work-related injury, so remember to stay up-to-date and check with either your employer or the Industrial Commission about the status of your claim.
If your employer fails to cooperate or acknowledge responsibility for your work-related injury, the employer or the employer’s insurance provider should provide you or your treating physician the reason for denying your claim. You may choose to accept the denial or request a hearing with the Industrial Commission to challenge it.
All cases filed with the Industrial Commission are automatically sent to a mediation settlement conference. This is a way to eliminate costlier litigation-type proceedings, and serve as a first step in not only attempting to solve any disputes but also can serve to identify key issues in your case should your claim move to the hearings process.
If you reach the hearings process with your claim, you should expect a more-trial like scenario where you and your employer will or can present information regarding the nature of the claim, previous events, and even evidence of your medical care. You may find it beneficial to seek the counsel of an attorney during this process. The Industrial Commission will make a determination regarding your case at the hearings stage; however, if you are unhappy with the determination you and/or your attorney may choose to file an appeal. You must provide in detail your reasons for appeal and the Industrial Commission will review this statement to determine whether an appeal is warranted. The Industrial Commission can choose which issues to review and determine how proceedings will be conducted, i.e. whether new evidence may be presented or not.
If your or your employer continue to be unsatisfied with the determination of the claim, either party can submit an application for appeal to the North Carolina Court of Appeals. All appeals will be governed by the Rules of Appellate Procedure as well as the rules of the court.
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If you are injured on the job, you must: 1) obtain the proper and necessary medical treatment 2) notify your supervisor about the injury, either as soon as possible or within thirty (30) days in writing (in the case of an occupational disease, notify your employer as soon as you receive a diagnosis or within 2 years in which you reasonably should have known the illness was work-related); and 3) complete a Form C-3 to submit to the District Office closest to you.
Almost all employers in the state of New York are expected to provide workers’ compensation coverage to their employees. The information pertaining to your employer’s coverage plan should be posted at your place of work or readily accessible should you request the information.
The best way to ensure a successful claims filing is to keep accurate records and documentation from the time of you first medical visit and onward. It is important that you establish open communication with your employer and observe all filing requirements as closely as possible. Being educated on the process is the best way to approach the workers’ compensation system. You may contact the New York State Workers’ Compensation Board to receive additional information or even choose to speak with an attorney to guide you through the process; however, hiring an attorney will not be an expense covered by workers’ compensation benefits and is purely at your own election.
Depending on the nature of your claim, you may be entitled to one or more of the following benefits:
To best ensure you receive benefits, you should file your claim within two (2) years of the date or your injury or when you reasonably would have known your illness was work-related.
To begin the claims process, you must complete an Employee Claim (C-3) form and submit it to the New York Workers’ Compensation Board. Your employer is then expected to file a Form Employer’s Report of Work-Related Injury/Illness (C-2) within 10 days of receiving notice of your accident, submitting it to the employer’s insurance provider. The insurance provider will then review the nature of the injury and/or claim and determines whether the employer will accept liability. This determination must be made within fourteen (14) days of receiving the C-2 form. Depending on whether the insurance provider accepts liability or not, you may begin to receive benefits payments eighteen (18) days after the insurance provider receive the C-2 form. However, this can differ from case to case.
The Workers’ Compensation Board may hold hearings, where a Workers’ Compensation Judge resides over the case. The Judge will then make a decision about the amount of benefits owed and the period they are owed for. The decision is appealable by both parties within thirty (30) days of the Judge’s decision. The party requests the appeal by applying to the Board in writing. The appeal consists of three Board members reviewing the case whereby they can choose to affirm, modify, rescind the Judge’s decision. If the Board is not unanimous, either party may request a full-Board review. The full-Board may make the same decisions- to affirm, rescind, or modify the decisions.
Within 30 days of the Board appeals panel, either party may pursue an appeal in the appellate division of the Supreme Court of New York. A decision of the Supreme Court of New York is then appealable to the Court of Appeals.
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In the event of an accident during the course of your work, use the Notice of Accident forms to notify your employer about your injury. Your employer should have these forms readily available for you. This form should be completed within fifteen (15) days or sooner. Your employer must also sign and date this form and give you a copy.
If your employer witnesses the accident, they are considered to have received notice.
New Mexico state law requires that employers with three or more employees and employers licensed in the construction industries have workers compensation coverage. The employer is expected to purchase a coverage plan from a private insurance provider or to become an approved self-insurer. The Workers’ Compensation Administration is the only legal entity able to approve an employer’s self-insurance coverage.
Workers’ compensation provides benefits for injuries caused by accidents occurring during the course of your employment. However, not all injuries or illnesses will be covered. This will depend on the scope, severity, and/or details surrounding how your injury occurred.
Covered | Usually Covered | Usually Not Covered | Not Covered |
Injury at work during normal work hours | Injury at work during other hours | Injury while commuting between home and work | Injured caused by injured worker using drugs or alcohol |
| Injury while traveling for work purposes | Injury at work but not work-related | Injury outside work that affects your ability to do the job |
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| Horseplay while disregarding employer safety rules or instruction |
Workers’ compensation is a system of benefits that provides for payments of medical care related to work-injury; wage replacement if you are unable to return to work due to your injury for a period of seven days or more; long-term compensation for injuries that require permanent care or cause permanent disability.
Wage replacement benefits will vary case to case. How much money you will receive will depend on the severity of your injury, how long it takes to recover, and how much money you earned in wages prior to the injury.
Temporary Total Disability Benefits are benefits paid to you starting on the eighth day you are absent from work as a result of your injury. The amount you are likely to receive if you qualify for this kind of benefit is roughly two-thirds of your average weekly wage (gross wages you have earned over the previous twenty-six (26) weeks at your place of employment). In order to reclaim the first seven (7) days of wages, you must remain unable to return to work for a period of twenty-eight (28) days.
During the course of treatment of medical care, there will come a point where your doctor may conclude that no more treatment is either necessary or that your injury/illness has reached Maximum Medical Improvement. At this point, the insurance provider is no longer required to pay you temporary total disability benefits.
In certain situations, an injury or illness may cause total body or total body member impairments. In these cases, you may be entitled to Permanent Partial Disability benefits where you are subject to receive payments for the loss of use or function to portions of your body. In other situations, you may receive Permanent Total Disability Benefits if you have lost the use of both hands, both feet, both arms, both legs, both eyes or suffer from a brain injury; suffer a thirty percent (30%) impairment. These payments are paid to you for the rest of your life.
Death benefits may be available to your survivors, such as a spouse or children, in the event that your work-related injury or illness results in your death. This will include wage benefits, again calculated as roughly two-thirds of your average weekly wages, and money to supplement funeral expenses.
After notifying your employer and completing a Notice of Accident form, your employer or your employer’s insurance provider will complete a First Report of Injury or Illness. You should receive a copy of the completed form for your own personal records. A claims representative (usually an individual working for or with your employer’s insurance provider) will be assigned to your claim and will review the circumstances surrounding your injury/illness, will review your bills and health records, and will determine how much is owed to you in terms of benefits.
If the insurance provider decides that they will not accept liability for your claim, you should contact a state Ombudsman. The New Mexico Workers Compensation Commission provides an Ombudsman Program to assist you with the claims process. Ombudsman are specialized in the workers’ compensation arena.
If a dispute should arise between you and your employer, the Workers’ Compensation Commission provides a dispute resolution service to help informally resolve your claim. The commission recommends the informal dispute resolution; it is quick and inexpensive in comparison to formal litigation. If both parties agree to the resolution, it becomes a binding court order. However, if one of the parties disagrees, you must send the rejection back to the WCA within thirty (30) days of the decision. A formal trial will then be scheduled.
You may choose to proceed through a more formal dispute, in which case you must file a complaint with the WCA. Either a lawyer or an Ombudsman may assist you through this process; however, if you choose to retain a lawyer, an Ombudsman may not speak to you about your claim.
The formal trial is overseen by a WCA judge.
Determinations made by the WCA are appealable to the New Mexico state court. The rules, filing requirements, and guidelines will be governed by the state court rules.
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New Jersey Department of Labor and Workforce Development
If you are injured during the course of your employment, notify your employer or supervisor as soon as possible. This may be in the form of a written or verbal notice. If you are in need of medical treatment, you should make a request to your employer as soon as possible.
Once your employer receives notice of your injury, the employer should notify the employer’s insurance provider. This step is essential in the claims process; the insurance provider is expected to file a First Report of Injury with the state in regards to the events surrounding your injury.
The employer’s insurance provider must evaluate your claim and determine whether it will accept liability. The insurance provider is expected to follow up and maintain information regarding the status of the claim, with regards to payment and your condition while awarding you benefits.
New Jersey state law expects a majority of employers to provide coverage for workers’ compensation benefits by either purchasing an insurance policy or becoming self-insured.
By filing a workers’ compensation claim that leads to you receiving benefits, you forfeit the opportunity to bring any potential civil actions against your employer for damages like pain or suffering. Civil action will be permitted in the event your employer commits intentional acts.
Your employer should place information regarding what kind of insurance coverage the employer partakes in somewhere readily visible at your place of work.
An injured employee is entitled to benefits regardless of who was at fault. Depending on the circumstance of your claim, you may be entitled to one or more of the following benefits:
If a dispute arises between you and your employer and/or employer’s insurance provider, you may file a formal claim Petition or an Application for a Formal Hearing with the Division of Workers’ Compensation. You have two (2) years from the date of your injury to file a petition with the division. When you file a claim, your case is assigned to a judge. Informal claims are often recommended as an alternative to formal litigation, which can be costly and lengthy in time.
You may file an informal petition and a formal petition. After filing a formal petition, a hearing is scheduled before a judge of compensation within six months. The goal is to arrive at a mutual settlement at some point during the pre-trial stage; however, if a settlement cannot be reached, a trial takes place. At the end of the trial, the judge of compensation makes a determination based on the case presented.
If you are unhappy with the determination made at the formal claim hearing, you may appeal the decision to the appellate division of the Superior Court of New Jersey.
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You must notify your employer within two (2) years of your injury to claim benefits. With regards to occupational diseases, you must provide the date in which you learned of the diagnosis with your claim.
Every employer with full- or part-time employees is required to provide workers’ compensation insurance coverage to those employees.
You must notify your employer within two (2) years of your injury, or the time you reasonably knew you were suffering from an occupational illness, to file a claim. You may lose your ability to file a claim if four (4) or more years pass between the time you last received benefits or your claim was denied by your employer’s insurance provider. Failing to timely notify your employer or to timely file your claim may prohibit you from pursuing your claim with the New Hampshire Department of Labor.
The following benefits are some of the benefits an injured employee may receive, depending on the circumstances surrounding the employee’s injury:
Must file your claim within three (3) years of your injury.
If you are unsettled with the determination of your employer’s insurance provider, you may request a hearing with the department. This request must be made in writing and must indicate the reasons and issues in dispute. Once a request is submitted, a Department of Labor staff member will contact the insurance provider to clarify the denial. The Department of Labor then will advise the employee requesting the hearing of the employee’s rights and expectations at the hiring. You must request a petition for a hearing within eighteen (18) months of receiving notice your claim has been denied by your employer’s insurance provider.
A hearings officer will oversee your request for a hearing and make a determination with regards to the claim you have brought forward. These decisions are appealable to the Compensation Appeals Board. The Board consists of an attorney, a labor representative and a management or insurance representative. This appeal is reviewed de novo, which mean you may submit new evidence. This is essentially a new hearing. In order to appeal the hearing officer’s decision, either you, the injured employee, or your employer must submit a request for appeal within thirty (30) days of the hearing officer’s decision.
Either party may appeal a decision of the Compensation Appeals Board to the New Hampshire state court. The procedures, deadlines, and requirements for filing will be subject to New Hampshire state court rules and procedures.
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State of Nevada, Department of Business and Industry, Workers’ Compensation
If you are injured at work or receive a diagnosis that you are suffering from an occupational disease, notify your employer as soon as possible. If the situation requires, seek the appropriate medical attention necessary, especially in an emergency situation and be sure to notify the medical professional that you have suffered from a work-related accident.
In Nebraska, most employers working in the state are expected to obtain a private insurance coverage program to handle potential workers’ compensation claims by their employees. This is expected of non-resident employers as well.
Workers’ compensation is a benefits system for employees who have been injured by an accident or occupational disease arising out of or in the course of their employment. The injury must not be the result of willful negligence and must have occurred in Nebraska or while doing work related to his employment in Nebraska. Workers’ compensation applies to employers in the state who employ one of more employees in a regular trade, business, profession, or vocation. Virtually, all employees in the state are covered, with only a few minor exceptions (i.e. certain federal workers, household servants, independent contractors, certain individuals employed in the management of business organizations).
The workers’ compensation system in Nebraska is designed to allow the employee to receive benefits from the employer so long as the employer has satisfied its legal obligation to secure potential compensation. This is usually facilitated by the employer purchasing an insurance policy. By accepting workers’ compensation benefits, the employee waives his or her right to file a civil action against the employer for a claim relating to the injury or illness.
You may be entitled to one or more of the following benefits, depending on the circumstances and extent of your injuries:
In the event that you are unsatisfied with your employer’s or your employer’s insurance provider’s determination regarding your claim, you may contact the Nebraska Workers’ Compensation Court to discuss possible avenues to resolve a dispute. Any party, you or your employer, may request an informal dispute resolution to settle issues of your claim. This resembles a mediation, where a neutral third party (a mediator) helps to steer both sides towards a mutually agreeable solution.
If an informal proceeding is unlikely to solve to issues involved, you may file a petition, essentially filing a claim for a lawsuit, with the Nebraska Workers’ Compensation Court. You are not required to seek the assistance of an attorney, however it may be to your advantage to consult with one at the very least.
You have two (2) years from the time of your accident or the last date of received benefits payments to file a petition with the court. Failing to file your petition within this two year time period will preclude you from bringing a law suit.
After receiving your petition the Court will issues a summons to the opposing party. The opposing party has fourteen (14) days to provide an answer. After the answer has been made, a hearing will be scheduled and a judge will be asked to listen to the case. The judge will make a written determination about the merits of the case.
If you are not happy with the judge’s determination you may appeal the decision by submitting an Application for Review within fourteen (14) days of the date of the decision. The appeal is administered by a three-judge panel which will review the case and issue a decision.
If either party remains unsettled with the determination at this stage of the appeal, either party may appeal the case to the state court system- starting first with the state court of appeals.
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If you are injured at work or receive a diagnosis that you are suffering from an occupational disease, notify your employer as soon as possible. If the situation requires, seek the appropriate medical attention necessary, especially in an emergency situation and be sure to notify the medical professional that you have suffered from a work-related accident.
In Nebraska, most employers working in the state are expected to obtain a private insurance coverage program to handle potential workers’ compensation claims by their employees. This is expected of non-resident employers as well.
Workers’ compensation is a benefits system for employees who have been injured by an accident or occupational disease arising out of or in the course of their employment. The injury must not be the result of willful negligence and must have occurred in Nebraska or while doing work related to his employment in Nebraska. Workers’ compensation applies to employers in the state who employ one of more employees in a regular trade, business, profession, or vocation. Virtually, all employees in the state are covered, with only a few minor exceptions (i.e. certain federal workers, household servants, independent contractors, certain individuals employed in the management of business organizations).
The workers’ compensation system in Nebraska is designed to allow the employee to receive benefits from the employer so long as the employer has satisfied its legal obligation to secure potential compensation. This is usually facilitated by the employer purchasing an insurance policy. By accepting workers’ compensation benefits, the employee waives his or her right to file a civil action against the employer for a claim relating to the injury or illness
You may be entitled to one or more of the following benefits, depending on the circumstances and extent of your injuries:
In the event that you are unsatisfied with your employer’s or your employer’s insurance provider’s determination regarding your claim, you may contact the Nebraska Workers’ Compensation Court to discuss possible avenues to resolve a dispute. Any party, you or your employer, may request an informal dispute resolution to settle issues of your claim. This resembles a mediation, where a neutral third party (a mediator) helps to steer both sides towards a mutually agreeable solution.
If an informal proceeding is unlikely to solve to issues involved, you may file a petition, essentially filing a claim for a lawsuit, with the Nebraska Workers’ Compensation Court. You are not required to seek the assistance of an attorney, however it may be to your advantage to consult with one at the very least.
You have two (2) years from the time of your accident or the last date of received benefits payments to file a petition with the court. Failing to file your petition within this two year time period will preclude you from bringing a law suit.
After receiving your petition the Court will issues a summons to the opposing party. The opposing party has fourteen (14) days to provide an answer. After the answer has been made, a hearing will be scheduled and a judge will be asked to listen to the case. The judge will make a written determination about the merits of the case.
If you are not happy with the judge’s determination you may appeal the decision by submitting an Application for Review within fourteen (14) days of the date of the decision. The appeal is administered by a three-judge panel which will review the case and issue a decision.
If either party remains unsettled with the determination at this stage of the appeal, either party may appeal the case to the state court system- starting first with the state court of appeals.
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You should report any on-the-job injuries or illnesses to your insurer or employer as soon as possible. You have thirty (30) days to give notice of your accident, or one year from the date you would have learned about any conditions or illnesses resulting from your work. Don’t hesitate to report your injury; the Department recommends you report any injury, regardless of the scope or severity.
In addition to providing notice of your work-related injury or illness, you must provide a written and signed First Report of Injury form to either your employer, the workers’ compensation insurance provider at your place of employment, or the Department. This form must be submitted within twelve (12) months from the date of the accident or diagnosis of the occupational disease. Take note that establishing a work-related injury is different from establishing an occupational disease. An occupational disease or condition requires a finding based on objective medical evaluation, where your employment is the major contributing cause of the condition.
In Montana, workers’ compensation insurance is required for most types of employment. Your employer may purchase insurance coverage through an insurer authorized to provide workers’ compensation coverage plans in Montana, or may be granted the authority to become self-insured.
In the event you are injured or you are diagnosed with an occupational illness or disease, you or your employer will submit your First Report of Injury form to your employer’s insurance provider. The insurance provider will evaluate your claim and will make a determination to accept or deny liability for your claim within thirty days.
If your employer is uninsured, you may eligible to receive benefits from the state uninsured employers’ fund. You should contact the Department to determine your eligibility.
In Montana, workers’ compensation is a no fault system. This means the employee is entitled to workers’ compensation as an exclusive remedy. Complying with the procedures and requirements for submitting a claim with the Department is the best way to ensure your eligibility for benefits.
However, the circumstances specific to your claim may challenge or change the amount of benefits you may be entitled to. For example, your ability to return to work; whether you currently receive state or federal benefits such as social security; the severity and scope of your injury or illness.
Depending on the extent of your injuries, you may be entitled to one or more of the following types of benefits:
If you are unsatisfied with your insurer’s decision regarding your claim and benefits, you may request a meditation through the Department’s Employment Relations Division.
The mediation process is an opportunity for you, the injury employee, and your employer and/or employer’s insurance provider to resolve any disputes that may have arisen during the course of your claim. The mediator works to facilitate the potential dispute resolution. These mediation conferences are informal and confidential, but not necessarily binding. They are an opportunity to come to a settlement without the need for formal litigation.
If a mediation does not result in a settlement or resolution of the issues of your claim, the mediator will provide a written recommendation to both parties within 10 working days specifying what the mediator understands to be the best solution to the issue. Once you receive the recommendation, you have twenty-five (25) days to respond as to whether you agree or not. If you remain unsettled with the recommendation, you or your employer or your employer’s insurance provider may file your claim to be heard at the Workers’ Compensation Court.
To move your claim to the Workers’ Compensation Court, you will be required to submit a petition to the court outlining the circumstances and facts of your case, including the claims you bring forward and the relevant evidence and medical information related to your injury or illness. You may also request an emergency trial in this petition by providing a basis for why the claim constitutes an emergency situation. The opposing party is expected to respond to the petition within twenty (20) days of receiving notice of the initial filing of the petition with the court. A proceeding within the Workers’ Compensation Court is conducted similarly to a trial in any other court. It is highly recommended that you seek the guidance and counsel of an attorney to help you in this process. A decision of the court is certified as a final decision and determination. These decisions may be appealed within the Department of Labor and Industry.
If after exhausting all of the administrative proceedings available through the Workers’ Compensation Court, you remain unhappy with the determination of your claim, you may appeal to the state Supreme Court in regards to issues of law that may have been applied or considered in error against your claim.
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If you are injured during the course of employment, notify your employer as soon as possible if not immediately. You must report your injury within thirty (30) days in order to best ensure the success of a potential workers’ compensation claim. It is best to notify your employer in writing, specifying the details of your injury, including the date, time, the place of the injury, the nature of the injury, as well as your contact information.
After notifying your employer, your employer should arrange for you to receive proper medical treatment or medical evaluation. In addition, your employer is expected to file the proper reports to the Workers’ Compensation Division. If your employer or your employer’s insurance provider fails to file the proper reports in a timely manner, either party may be subject to certain fines, imprisonment or both.
Every employer with five or more employees is expected to have some form of workers’ compensation coverage through an insurance provider. Missouri Workers’ Compensation law does not apply to all types of workers, however. Workers’ Compensation Law does not apply to the following: certain construction industry employers; railroad, postal and maritime workers covered by federal law; farm laborers; domestic workers; real estate agents; volunteers of tax-exempt organizations; inmates, patients or residents of the state, county, or municipality; volunteer employees.
Your employer or employer’s insurance provider is required to provide for all necessary medical treatments related to treating the injury. The employee will select the medical professional to provide treatment.
To qualify to claim benefits under the law, the accident must be the prevailing factor causing both the medical condition and injury as well as arising from the course of employment.
Your employer is responsible for providing the proper medical benefits should your injury require.
Other benefits may be available as well. These include payments for lost wages, benefit payments, and disability benefits.
After you have notified your employer about your injury and your employer has gone through the necessary measures to consult the employer’s insurance provider to review your claim, if you are still unsettled with the benefits determination regarding your injury, you may pursue filing a workers’ compensation claim with the Department of Labor & Industrial Relations.’
The Division of Workers’ Compensation suggests you exhaust some remediation options prior to filing a claim, including utilizing dispute management services or having a conference with an administrative law judge.
Dispute management services are available to help facilitate a resolution process in lieu of formal litigation. A mediator usually presides over the process at some point prior to a claim filing. No issues will be conclusively decided nor will any decisions be formally made; however the process will help parties work toward a settlement.
The conference with an administrative law judge is held where no compensation claim has been filed. This is an opportunity for the injured employee to work with the employer’s representative to come to a settlement if feasible. You may file a Request for Conference with the Division of Workers’ Compensation or may be set by the Division should it deem one necessary. Within 120 days of a request or order for a conference, a conference will be scheduled.
Filing a claim for compensation usually involves a number of stages. First, a pre-hearing is scheduled before an administrative law judge to discuss the issues of the case once the claim has been filed. To schedule a pre-hearing, you must file a Request for Pre-Hearing and a Notice of Pre-Hearing will subsequently be sent to both parties. A pre-hearing can be requested when you or your employer wants to present a potential settlement agreement; disputes or issues emerge that need to be resolved; the parties believe the pre-hearing will help to move the case closer towards the settlement or final hearing.
A hardship hearing may be the next step after filing a claim and the pre-hearing conference is made. A hardship hearing is held before an administrative law judge and is often held to resolve a dispute concerning the termination of benefits when you, the injured employee, may have not made a full medical recovery. Often, the employee involved with a claim at this stage is requesting a temporary or partial award of benefits.
A final hearing may also be requested when you have reached maximum medical improvement or the case may reach a final resolution.
If you remain unhappy with the determination of your claim after going through the claims process, you may elect to file an application of review with the Labor and Industrial Relations Commission. You must file this application within 20 days of the award. You may not appeal any agreement of settlement or compromise of dispute that has been approved by an administrative law judge, however.
You may file a first appeal with the Labor and Industrial Relations Commission. The commission is comprised of three panelists who will review your case. The Commission, upon review of your case, may choose to adopt the administrative law judge’s award or issue a new one.
A second appeal may be requested after a final award by the Commission to be held with the state Court of Appeals. This is not a new trial, but a review of your case history and the issues of your case. The Court of Appeals can only modify or reverse the Commission’s award based on legal issues.
A third appeal may be made to the Missouri Supreme Court; however, appeals to this level are typically very rare
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Any injuries that cause you to miss work for more than five (5) days or that could result in death or permanent disability or serious disfigurement should be reported to the state Workers’ Compensation Commission. A report must be made within ten (10) days of the five day time lapse. Your employer should be notified of your injuries and/or your accident and the employer is expected to keep a report of the circumstances. You or your employer may file a Workers’ Compensation-First Report of Injury of Illness form to file with the Commission. This form should be filed within ten (10) days of the employer receiving notice of the injury or accident. If your employer fails to file the requisite forms in a timely manner with the commission, your employer may be subject to penalty by the commission.
Any employer with five (5) or more employees should have workers’ compensation insurance, although some exceptions may apply (i.e. employment covered by federal law, employment as an independent or subcontractor, farm work). Your employer may choose to purchase a coverage policy through an insurance provider or may become self-insured. The Mississippi Workers’ Compensation Commission monitors self-insured employers and enforces compliance with the commission’s rules and regulations as well as state law.
The best way to ensure you will receive benefits and protect your rights during the claims process is to timely file all requested documents and to keep a detailed and accurate record of your medical expenses and records.
Depending on the extent of your injuries and the details of your claim, you may be entitled to a variety of benefits.
Medical benefits are compensation for all reasonably related and necessary medical services and visits required in treating your injury. Your medical care-giver or physician will provide information as well as routine updates to your employer and/or employer’s insurance provider regarding your treatment progress and injury prognosis.
Disability benefits are payments made to the injured employee over a period of time to compensate for lost wages as a result of your injury or disability from a work-related accident. These benefits will either be considered temporary disability benefits and/or permanent disability benefits. They are calculated as a percentage (roughly 66%) of the average weekly wages earned through your employment, pre-injury or pre-disability. These payments may be subject to certain minimum and maximum limitations depending on the circumstances of your claim.
Temporary benefits are paid during while an employee recovers from and injury or illness until you have reached maximum recovery or improvement. The disability only persists so long as you are incapable of receiving wages or continue to lose wages as a result of your condition. The benefits may be paid as temporary total disability benefits, if you are completely incapable of working and earning wages, or temporary partial disability benefits, when you are partially able to work.
You may receive benefits for disfigurement or permanent disability. A medical professional will evaluate the extent of your disfigurement or disability and assign it an impairment rating. The amount of benefits you may be entitled to will correspond to the impairment rating.
Death benefits may be available to your surviving dependents, like family or your estate, should your injury result in your death. This can include funeral expenses, a lump sum payment to a surviving spouse, or weekly benefits to surviving dependents.
The Mississippi Workers’ Compensation Commission has also established the Rehabilitation Department to work with injured employees to provide vocational services. These are opportunities to help you return to the workforce, whether in your former field of employment or in a new one.
If you are not receiving what you believe to be the adequate amount of benefits from your employer/employer’s insurance provider, you may request a hearing with the Worker’s Compensation Commission. Upon request, the Commission holds a pre-hearing statement in which the issues, arguments, parties, witnesses, and evidence are laid out. This is also the time where written statements may be filed and depositions may be taken. After both parties have submitted their pre-hearing statements, a hearing is scheduled with the Commission to be heard by an Administrative Law Judges. The Administrative Law Judge will review the contents of the pre-hearing statements and make a determination regarding the issues of your claim.
If you or the opposing party are unhappy with the determination, you may request a review of the Administrative Law Judges decision before the Full Commission. You must request this review within twenty (20) days of the initial determination. The Full Commission may require you and the opposing party to submit a brief of law and fact or to provide an oral argument. The Full Commission will then render a decision affirming or reversing the decision of the Administrative Law Judge.
A decision of the Full Commission is appealable to the state Supreme Court. A petition for appeal must be made to the Secretary of the Workers’ Compensation Commission within thirty (30) days of the award/decision. All court rules and procedures will apply at this level.
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In the event that you are injured while on the job, you should first seek the appropriate medical care and attention required. Next, you should notify your employer or supervisor as soon as possible about your injury. Your employer, upon notice of your injury, should file a First Report of Injury form to be filed with the Department.
Minnesota law requires that every employer provide workers’ compensation insurance to their employees either by acquiring a policy through an insurance provider or by becoming an approved self-insured employer by the Minnesota Department of Commerce.
Your employer’s insurance provider, should your employer have one, will determine whether your employer will accept primary liability for your claim.
In order to receive benefits, your injury or disability must have occurred during or as a result of your employment. Your ability to work or return to work will largely affect whether you will be able to receive benefits and the kind and amount of benefits you could be entitled to.
Under Minnesota workers’ compensation law, you may be entitled to a variety of benefits depending on the circumstances surrounding your claim. These can include wage-loss benefits, compensation for the loss of use to a body part, medical benefits, or vocational rehabilitation.
Usually a claim will arise from a dispute or denial relating to your employer’s or your employer’s insurance provider’s decision to accept liability. Make sure you understand the situation and why a denial has been made, if that is the situation. You may call the insurance’s claim adjuster and gather some information or clarify any potential mistakes or errors in your claim file.
The Department facilitates alternative dispute resolution programs and also provides information about the options available to you. Mediation could be one possible solution in resolving your workers’ compensation claim. The department provides mediators experienced in workers’ compensation law to help you to arrive at a mutually agreeable settlement between you and the other party.
You may also choose a more formal route by pursuing an administrative conference. There, a staff member at the Department will conduct a conference to help to settle or resolve the matters in dispute within your claim. If an agreement cannot be reached, a Decision of Order issued. This determination may be appealed.
A Decision of Order may be appealed to the state court of appeals within thirty days of receiving a notice of determination.
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If you are injured on the job, you should notify your employer immediately, or as soon as possible. You should aim to notify your employer within ninety (90) days of your injury or learning about a disability caused in the course of your employment. You are not required to provide notice in writing, however you may be expected to fill out a number of forms depending on the circumstances surrounding your injury and your place of work. It may be beneficial to keep written records or copies of notices and forms you fill out in dealing with your claim, although not required. You or your employer may file a claim with the Workers’ Compensation Agency.
If the injury or illness is expected to last for longer than a week, your employer should file an Employer’s Basic Report of Injury (Form 100) with the Workers’ Compensation Agency. This information should be provided to all parties relevant to dealing with filing of the claim, i.e. the employer’s insurance provider, the Workers’ Compensation Agency, or a third-party administrator if one is hired to deal with the claims process.
The law requires that most employers provide some benefits system or plan to compensate or protect workers in the event of an injury. Most employers purchase coverage plans from a company; however, Michigan permits employers to be self-insured. All self-insured employers must be authorized to be so by the agency. An employer who does not provide coverage or protection, either by privatized insurance or self-insurance, may be subject to civil penalties, criminal penalties, and impairment to further business function.
In order to be entitled to benefits, you must be disabled by a work-related injury or illness resulting in a loss of wages. An injury or illness that is work-related is one arising out of and in the course of the employment. However, just because your injury happens at work does not mean you will automatically be granted benefits. If your injury is a result of your own negligence and deliberate disregard for proper workplace rules, you may not be entitled to benefits. Your injury or illness must also qualify as a disability, a limitation of an employee’s wage earning capacity in work suitable to his or her qualifications and training. Thus, your disability must also result in a loss of wages.
Your disability must last longer than seven (7) days in order to qualify you for benefits. Should your injury last two weeks or longer, you can redeem the first week of lost wages as benefits. You will be entitled to receive benefits so long as you continue to be disabled.
You are entitled to receive and continue benefits for a disability that persists seven days or longer, and in some circumstances should the disability continue through the entirety or your life. Your benefits are paid to compensate wages-lost and are calculated as roughly eighty percent (80%) of your after-tax benefits. In Michigan, it will not matter whether you are totally or partially disabled. Benefit payments will be calculated based on potential or actual wage losses.
Medical benefits are to be provided from the first day of injury. During the first twenty-eight (28) days of treatment, your employer may select the medical professional to provide treatment.
Vocational rehabilitation benefits are also available to you should you seek them or otherwise mandated by the Department. Vocational rehabilitation is considered to be a wide variety of things, ranging from accommodations made to your place of work to help assist you in dealing with your disability or education and job re-training.
To pursue a claim of benefits, you must file your claim within two years of your injury or knowledge of your work-related disability.
A formal dispute begins when you file an Application for Mediation or Hearing (Form 104). Detailed information concerning the injury and the medical records associated with your claim must be provided as well. The agency will serve the application upon the employer and/or its insurance carrier. The employer will then file a Carrier’s Response Form to submit to the agency.
Your claim may be pursued through various mediums. One of those mediums is the mediation hearing. A mediation hearing are often scheduled when a claim involves a closed period of time, where cases involving only medical benefits, cases where the employee is not represented by an attorney, and any claim an agency deems a mediation could settle. The mediator helps to facilitate a settlement if one can possibly be made through a voluntary agreement between parties. If the dispute cannot be resolved, the case is assigned to trial with the workers’ compensation magistrate.
Arbitration is a feasible option to resolve your claim. This is where both parties agree to hire an arbitrator to hear the case.
If there is no mediation scheduled or you choose not to pursue one, the first formal action is a pretrial hearing. A magistrate will review the case to determine if all requirements have been complied with. This is the time where attorneys may present any preliminary hearings. At the end of the pretrial, the case is scheduled for a trial before the magistrate.
Trials conducted by the magistrate resemble trials where attorneys or even the party themselves engage in trial-like proceedings, including providing witnesses and evidence. Most often, the evidence and issues at trial will surround the medical condition of the injured employee. At the end of the trial, the magistrate will take the case under advisement and provides an opinion to both of the parties.
If you or your employer disagrees with the opinion of the magistrate, you may file an appeal to the Workers’ Compensation Appellate Commission. An appeal will typically involve considering issues of fact and issues of law. The appellate commission can affirm or agree issues of fact made with the magistrate but has the ability to review issues of law completely.
If your disability persists for longer than a week, your employer or your employer’s insurance provider should begin to pay disability benefits. In the event you are able to return to work and receive full wages again, you will cease to receive benefits for your disability.
If you or your employer remains unsatisfied with the decision of the appellate commission, either party may seek permission to appeal to the Court of Appeals or the Supreme Court. Only issues of law may be reviewed at this stage of the appeals process.
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If you are injured and have been unable to earn five (5) or more partial or full workdays worth of wages, you must notify your employer or can notify your employer’s insurance provider (should your employer have one). This can be done by filing the Employer’s First Report of Injury or Fatality form. The form should be filed within seven (7) days of the fifth day of lost wages.
Your employer is not required by law to engage in a workers’ compensation insurance coverage program. However, your employer is required by law to provide employees with the information of what coverage or situation concerning coverage exists. Upon notifying your employer of your injury and your inability to earn full wages or attend work for five full or partial calendar days, your employer must report your injury to the insurance company. Your employer is also expected to provide you a copy of the report made to the insurance provider. The Department of Industrial Accidents also has a searchable database where you can locate the insurance company when seeking information.
If you are unable to return to work for five (5) or more full or partial days due to a work-related injury, your employer have seven (7) days (excluding Sundays and legal holidays) from the fifth day of that time period to report your injury to your insurance provider. From that point, the insurance provider has fourteen (14) days from receiving the first report of your injury to evaluate the claim and determine whether it will accept or deny your claim. You may file an Employee Claim-Form 110 with your employer’s insurance provider at any time, but the Department of Industrial Accidents may not review it for thirty days from the first date of your disability or accompanied with an Insurer’s Notification of Denial-Form 104.
If your employer does not have workers’ compensation insurance, you may be eligible to receive benefits from the State Special Trust Fund. You may also be capable of suing your employer in a civil action and filing a Workers’ Compensation Trust Fund if your employer is not insured. Your ability to sue your employer or your entitlement to benefits through this fund will depend largely on the facts and circumstances of your claim.
The conditions that will affect your receipt of benefits will depend largely on the circumstances surrounding your case, including the scope and severity of your injury. Should your employer’s insurance provider choose to consider accepting liability, you should receive benefits for lost wages after the first five (5) days of lost wages. However, a number of circumstances may terminate your receipt of benefits or preclude you for receiving them. These circumstances include, but are not limited to, a determination by an administrative official of the Department or the court; you have returned to work; you are no longer in need of medical treatment; you are encouraged to seek vocational rehabilitation and you refuse; or you are imprisoned after conviction. Again, the situations and circumstances surrounding your benefits eligibility will depend on the scope and nature of your injury.
If you are entitled to receive benefits, you will receive a payment check for the first 180 days after you initial injury, known as the Pay-Without-Prejudice period. This is the period of time the insurance provider considers whether to accept liability of your claim. After this time period, the insurer may still issue a final decision on your claim and choose to halt or lower payments. The insurance provider must give you notice of any such modifications along with reasons for taking this action. The Pay-Without-Prejudice period may be extended upon your written consent, and with the approval of the Department.
Your insurance provider may set up a number of payment schemes and benefits to be paid to you, depending on the extent of your injury, any resultant injuries, or fatalities. These benefits are categorized as the following:
You have four (4) years from the time you become aware of your work-related injury or condition to file a claim with your employer’s insurance provided. The same is expected in circumstances where the employee dies as a result of a work-related accident.
If you receive a notification of denial from your employer’s insurance provider, you also have four years to appeal the denial.
Initiating the dispute process to resolve an issue with your workers’ compensation claim involves four different levels: Conciliation, Conference, Hearing, and Review Board. The process begins with Conciliation where an informal meeting is held between you and either your employer or employer’s insurance provider. Any potential resolutions that may emerge from these meetings are not binding unless both parties agree that the resolution will be. The second level is the Conference, where your case is referred to an Administrative Judge to be heard. This is also an informal hearing, where the Administrative Judge can issue a temporary order if the matter cannot be settled. You or the insurance provider may appeal this temporary order within fourteen (14) days of the decision. The Hearing level is where the appeal is made. This level is a formal meeting where an Administrative Judge may hear all evidence, very much like a trial. The judge in this proceeding will issue a determination. Should the decision be unsatisfactory, either party is entitled to appeal the decision to the fourth level, the Review Board. This appeal must be made within thirty (30) days, and a decision will only be appealed should the Administrative Judge in the previous proceeding made a decision that conflicted with the law or was without justification.
You must appeal a decision by a judge by filing an Appeal of A Conference Order (Form 121) within fourteen (14) days of the order, and filed an Appeal To The Reviewing Board (Form 112) within thirty (30) calendar days of the decision.
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If you have an accident at work, you should report an accident to your employer as soon as possible-if not immediately. Seek the appropriate medical attention if necessary.
The state workers’ compensation scheme identifies the employer as the party responsible for paying out workers’ compensation benefits. Every employer employing one or more employees has to provide workers’ compensation coverage. The employer may elect to be self-insured or purchase a workers’ compensation policy from a private insurance group.
Not all injuries are covered by the workers’ compensation scheme in Maryland. In order to qualify for workers’ compensation, the injury must have been the result of an accidental personal injury arising out of and in the course of employment. This means that just because your injury happen at work or while on the job does not guarantee you will qualify for benefits.
To qualify for workers’ compensation, you must establish three things: 1) you are an employee 2) that suffers from an accident 3) arising out of employment and 4) in the course of employment. To be considered an employee for the purposes of qualifying for workers’ compensation, you and your employer must have a traditional employer-employee relationship in existence. An independent contractor, for example, would not qualify as an employee within this construct. For an injury to be considered the result of an accident, you must show that an extraordinary event caused an unexpected result a bodily injury. The injury must also arise out of employment, meaning that the conditions or environment of the workplace contributes to the resultant injury. In addition to arising out of employment, the injury must also arise in the course of employment- that means the accident occurred while you were at work, at your place of work, and while you were working to complete your work tasks or responsibilities.
All four of these factors must be met in order to qualify for workers’ compensation benefits.
If you believe your injury qualifies you for benefits under state Workers’ Compensation, file an Employee’s Claim with the Workers’ Compensation Commission.
Your employer will likely report the details of your accident to the insurance provider upon notice of your injury. The insurance provider will then evaluate the circumstances of your accident and should you request a payment of benefits, will make a determination of whether to accept liability. Your employer or employer’s insurance provider may have objections or find discrepancies with your claim. If so, the parties are expected to contact you and the Workers’ Compensation Commission in regards to the objections. If the claim becomes contested, a hearing will be scheduled before a Commissioner.
The Commissioner will conduct a hearing much like a judge- by listening to both sides of the case. After listening to the evidence presented, the Commissioner will make a decision, in which he can determine what benefits you are entitled to receive.
If you are unhappy with the Commissioner’s determination, you may appeal the decision to the state Circuit Court. Circuit Court rules and procedures will apply.
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You must tell your employer that you were injured within 30 days of the injury. Your employer then has 7 days to file a First Report of Injury and give you a copy.
All public and private employers in Maine must have workers compensation insurance. There are some exemptions:
Three things must occur in order for an injury to be a workers’ compensation injury:
Weekly wage replacement (indemnity benefits), payment of all related medical bills including prescriptions, mileage reimbursements and related costs, payment for the cost of vocational rehabilitation, if necessary, and further benefits in severe cases, i.e., loss of specific body parts and fatality benefits.
Weekly wage replacement must be paid if you miss more than 7 days of work. If you miss between 7 and 13 days, you will be paid for those days. If you miss more than 14 days, you will for all of the days that you have missed. However, you will not receive your full salary. Instead, you will receive 2/3 of your average weekly salary, meaning your average salary for the 52 weeks before the injury, capped at $687.48 per week.
You must tell your employer that you were injured within 30 days of the injury. Your employer then has 7 days to file a First Report of Injury and give you a copy.
If your employer has selected a health care provider, you must go to your employer’s health care provider for the first 10 days of treatment. If you want to change health care providers after the first 10 days, you must tell your employer that you are going to do so, and tell them who the new health care provider is.
The first step is to get in contact with a regional troubleshooter, a list of which can be found here. If a troubleshooter is unable to resolve a dispute, the claim is sent to mediation. If mediation fails, you may file a petition to request a formal hearing.
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Immediately report your work-related injury to your employer. Your employer then has 10 days to report the injury to their insurer using Form LWC-WC IA-1.
All employers are required to have workers compensation insurance or be approved to self-insure. Full-time, part-time, seasonal, and minor employees are covered by workers compensation. Subcontractors and certain independent contractors may be considered employees if they are involved in the pursuit of the employer’s trade, business or occupation or if they are performing substantial manual labor.
Some employees are exempt from workers compensation including:
The law covers both mental and physical injuries from accidents and occupational diseases. A mental injury must be the result of a physical injury or a sudden, unexpected, and extraordinary stress related to the employment.
The injury must arise out of and be within the course and scope of your employment. The injury must not have been intentional, the result of intoxication, provoked, or a result of horseplay.
If your injury or illness is found to be job-related, you may be entitled to receive medical care for the injury or illness, disability compensation for a portion of your lost wages, rehabilitation services, and, in the event of your death, benefits payable to your survivors. The maximum weekly rate is $865.31.
You have 30 days after your injury to report it to your employer. However, you should report it immediately. Your employer then has 10 days to report the injury to their insurer using Form LWC-WC IA-1.
You may choose your own physician, but once you choose, you may not change the physician unless you get approval from your employer’s insurance company or the Office of Workers’ Compensation.
Before going through the formal legal process, you should consider a mediation conference. More information, along with a choice of mediators, can be found from the Office of Workers Compensation.
If you are unhappy, you may request a hearing before a worker’s compensations judge by filing Form 1008.
If you are unhappy with the medical benefits, you should file Form 1009.
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You should provide your employer with a notice of your accident as soon as possible after the accident in order to ensure proper filing of a workers’ compensation claim. Provide your employer with a notice in writing detailing your personal contact information, the cause and extent of the injury, named witnesses, and the work you were engaged in at the time of injury. You or an individual who may rightfully claim payments on your behalf (i.e. a dependent or survivor, should you die) may commence or file a workers’ compensation claim. You or the person seeking compensation on your behalf must sign the notice.
Once you provide your employer with information concerning your accident, your employer is expected to maintain a record of all injuries he receives. Should you suffer from an injury that causes you to miss at least one day of work, your employer should file a report with the department. Your employer should also provide a report of the alleged work-related injury or disease within three (3) working days of receiving your notification of your accident and/or injury.
All Kentucky employers are required to carry workers’ compensation insurance or to be self-insured. Your employer must also communicate or post a Workers’ Compensation Notice with information about the insurance program.
After your employer files a report with the department, your employer’s insurance provider will be responsible for making a report to the Department of Workers’ Claims that the insurance provider is aware of the injury and a potential workers’ compensation claim
In order to be eligible for a workers’ compensation benefits program, you, the employee, must suffer from a work-related injury or occupational disease (with proper filing requirements satisfied as well). Employees are entitled to benefits if injured while performing normal duties during regular working hours or have been diagnosed with a disease or illness as a result of long-term exposure to hazards in the workplace.
Most employees are covered by the Workers’ Compensation Act; however, some kinds of employees are exempt from mandatory workers’ compensation coverage. These include farm workers, workers employed within the home (domestic servants), independent contractors of certain sorts, workers protected by federal laws, and members of certain religious denominations who are exempt from the Workers’ Compensation Act.
Kentucky law permits employees to receive benefits even if the employee’s mistake or negligence causes the accident. However, this may bar the employee from receiving full benefits.
Workers’ compensation benefits can include but are not limited to, medical expenses, wage replacement, and vocational training and rehabilitation.
Kentucky workers’ compensation law recognizes three types of disability of which employees may obtain benefits for- temporary total, permanent partial, and permanent total.
Kentucky does not provide benefits for temporary partial disability benefits. Under some other states’ workers’ compensation programs, these benefits are paid in the amount of the difference in wage earnings should the employee return to work, but return earning less than what the employee made pre-injury. Kentucky does not provide benefits of this sort.
Permanent total disability will be presumed in the following circumstances:
Calculation of payment will depend largely on the extent of your injury, how long you have been out of work, and whether you will be able to return to work. Typically, the payment will be a percentage of your average weekly earnings earned prior to the injury.
Workers’ compensation claims are usually settled or agreed upon by you-the injured employee- and your employer. However, if a settlement doesn’t seem feasible, there are opportunities through the state workers’ compensation department to litigate the claim. To begin this process, you, the employee, must apply for an adjustment of clam with the Department of Workers’ Claims. The Department will then assign the case to an Administrative Law Judge (ALJ) to schedule a benefit review conference. A benefit review of conference is an informal proceeding where your case will be discussed. The ALJ will assist in trying to attain settlement, but if one is not possible will determine which issues of the case will need to be resolved.
If issues persist beyond the informal hearing with the ALJ, the ALJ may schedule a formal hearing in a proceeding very similar to a trial. An ALJ will also preside over this hearing and is expected to issue a statement of decision within sixty (60) days of the hearing date.
If you or your employer is not satisfied with the determination made at formal hearing, either of you may file an appeal to the Workers’ Compensation Board. The appeal will deal solely with whether the ALJ erred in apply the law to the facts of the case.
Kentucky law articulates that an administrative law judge may not reopen or review any award or determination of a workers’ compensation claim for four years unless the issue upon review will relate to fraud; newly-discovered evidence which could not have been realized with the exercise of due diligence; mistake; and change of disability.
However, the decision of the Workers’ Compensation Board will be subject to the review of the Kentucky Court of Appeals, based on all matters subject to review by the board and including errors in the application of the law.
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To best ensure success in filing a workers’ compensation claim, you must provide notice of your accident to your employer as soon as possible. The notice must describe the time, place, and specifics of the accidents and should include your name and address. You should provide notice to your employer within twenty (20) days of the accident. Failing to provide notice within the twenty (120) day period may not bar your claim completely; however, failing to provide notice within seventy-five (75) days after the accident will very likely bar your claim.
Your employer is responsible for filing a report with the director of the workers’ compensation division concerning any accident that occurs during the course of employment to you or any other employee to which your employer has knowledge about. This report should be filed within twenty-eight (28) days of the knowledge of the accident.
Upon learning of your accident and/or injuries related to that accident, your employer may request that you seek a medical examination from a medical professional to determine the extent of your injuries and how to proceed with the claims process. Your employer will be liable to those fees related to requested examinations.
If you are injured in an accident arising out of and the in the course of your employment, your employer is liable for the compensation benefits pursuant to you filing a workers’ compensation claim.
Your employer is required to either 1) purchase/engage in a workers’ compensation insurance coverage program or 2) become self-insured. Your employer must possess a self-insurer permit authorized by the workers’ compensation division in order to qualify as self-insured. An employer who is not insured in either of the above manners will be liable to you, the injured employee, should a valid workers’ compensation claim exist.
You will not be able to seek workers’ compensation benefits should your injury result from your own personal negligence while on the job; failing to follow proper protocol and place-of-work policies; you are under the influence of any drugs and/or alcohol, or a third party is responsible for causing your injury.
Medical: Benefits paid to your to cover the costs of all medical treatment and care related to your injury. Your employer will choose the medical provider you may seek treatment from; otherwise, if you receive treatment from any other person non-authorized by your employer, you may lose compensation benefits. Costs related to transportation to medical treatment appointments may be covered under workers’ Compensation: If your claim is permissible, your employer or your employer’s insurance provider
Wage Compensation Benefits:
Your employer is expected to file a report with the director of the workers’ compensation division within twenty-eight (28) days of learning of your accident. The statute of limitations (the time in which you may file a claim or dispute a claim) does not start to run until your employer files a report.
If after filing a claim with your employer or your employer’s insurance provider you continue to have disputes regarding workers’ compensation benefits, you may contact the Workers’ Compensation Commission’s Judicial Unit to potentially help resolve the issues. The Judicial Unit is comprised of ten administrative law judges who preside over hearings at the division and make a determination based on facts/evidence presented.
Preliminary hearings are scheduled with ALJs to make initial determinations of benefits. The determinations are typically made within five (5) days of the hearing. To schedule a hearing, you or your employer must file an application with the Workers’ Compensation Division.
Mediation services are also available through the division. Mediation is highly encouraged to handle disputes between employer and employee. A mediator can be provided free of charge and mediation is a very viable solution to handling issues/disputes arising from workers’ compensation claims.
The Workers’ Compensation has an established Ombudsman Division where you may receive information and assistance in dealing with your workers’ compensation claim.
If you are not happy with the determination of the ALJ, you may file a review with the Workers’ Compensation Board within ten days of the ALJ order. You must file this request with a division office of the board and submit five (5) copies of your filing.
After the filing request has been made, a briefing schedule and hearing date are set and notice is sent to all of the parties. Appellant has thirty (30) days from the application filing date to submit a brief and appellee has twenty (20) days. Appellant may follow up with a reply brief within ten days of appellee’s brief submission date. After the briefs have been submitted, the Board will determine whether oral argument will be necessary to the case.
An action by the Workers’ Compensation Board is reviewable and may be appealed to the state court of appeals within thirty (30) days of the Board’s action.
