A Brief Look at Today’s Workers Rights and Protections

Workers used to be at the mercy of their employers when the topic of job-related safety and benefits arose, to say nothing of hiring and promotions. Now, after a push for employee rights gained momentum late in the 20th century, the result was a series of important laws that millions of Americans rely on for protection to this day.

Today, roughly 180 worker protection laws ranging from pay requirement to parental leave benefits are in force. Some key federal protections are below.

The Minimum Wage

Per the Fair Labor Standards Act, American workers receive a minimum wage for their work. Since 2009, most public and private employers have had to pay staff members at least $7.25 per hour, with several states providing their own minimum rates that are even higher. The law offers special protections for minors as well. For non-agricultural positions, it places limits on the number of hours children under the age of 16 can work.

Workplace Safety

Since the Occupational Safety and Health Act of 1970 came into law, dangers in the American workplace have been minimized through a number of specific safety provisions, including industry-specific guidelines for construction, maritime and agricultural jobs. There also is included a “General Duty Clause” that prohibits any workplace practice that represents a clear risk to workers. Primary enforcement of these provisions has been the responsibility of the Occupational Safety and Health Administration, although state agencies may also have a role. 

Health Coverage

Formed in 2010, the Affordable Care Act promised to make health insurance a right for workers at most medium and large-sized businesses. A provision that requires companies with 50 or more full-time workers, the “Employer Shared Responsibility Payment” offers workers a minimum level of health insurance. A worker that logs at least 30 hours a week, on average, is considered a “full-time” employee.

Whistleblower Protections

There is in place a patchwork of federal statutes to help protect whistleblowers who report employer violations of the law. Much of the time whistleblower protections are built into pieces of legislation that govern an industry. An example would be the Clean Air Act, which provides safeguards to those who highlight violations of environmental law, as well as the Consumer Product Safety Improvement Act that affords protections to individuals that uncover unlawful manufacturing practices.

The main body responsible for protecting the rights of employees is OSHA’s Whistleblower Protection Program. The program protects employees who may fear job loss or other reprisals if they speak up. 

Family Leave

In 1993, then-President Bill Clinton signed the Family Leave and Medical Leave Act, or FMLA, which resulted in eligible employees being afforded 12 weeks of unpaid leave per year if they decide to stay home in the wake the birth of a child, adoption or serious personal or family member illness.

In order to receive FMLA benefits, an employee must have been with the company for at least 12 months and worked at least 1,250 hours during the year prior. Also, the law only applies to business that employs at least 50 employees with a 75-mile radius.

Employee Based Discrimination

Title VII of the Civil Rights Act of 1964 made it illegal for businesses to discriminate based on “race, color, religion, sex or national origin.” Subsequently, in 2009 the Lilly Ledbetter Fair Pay Act further strengthened workplace rights, prohibiting wage discrimination against minorities and women. Also in this category, the Age Discrimination in Employment Act of 1967 protects against age discrimination for employees over 40 years and older, and the Americans with Disabilities Act of 1990 provided protections against discrimination of employees with disabilities. 

The bottom line is that today, American employees benefit from the numerous protections designed to provide a minimal level of income, as well as protect them from danger in the workplace, and other safeguards.

About the Author: Jordan Fuller is a retired golfer. Now, he is coaching and teaching golf. He works with wonderful people who help him manage his schedule, mentoring materials, as well as his website, www.golfinfluence.com

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