The Rights of an Employee: Understanding Protections Under Employment Law

Employees in the U.S. have rights under federal and state law. These rights protect employees from discrimination, ensure payment of owed wages and uphold privacy protections while keeping them safe on the job.

Legal advocates must stay on top of the changes in employment law to effectively safeguard the legal rights of employees and clients. Employers are also responsible for upholding worker protections or they may face investigation for failing to uphold fair labor standards.

This post provides an overview of five important areas of employee rights under U.S. law.

The minimum wage is the lowest hourly rate an employer can pay an employee under the law. Currently, there is one federal minimum wage of $7.25 per hour,¹ established by the Fair Labor Standards Act (FLSA). In addition, 34 states have a state minimum wage.² Since employers must comply with federal and state wage standards, most workers receive the higher wage.

There are exceptions to the minimum wage. These vary by state. In California, for example, the state minimum wage is $16.00 per hour as of 2024, but not all workers are employees covered by the legislation.³ For example, minimum wages don’t apply to the spouse, child or parent of the employer in California. In that state, some apprenticeships also have exemptions.³

There are often state procedures for recovering unpaid wages, including when an employer has violated minimum wage laws. For example, in California, an employee can file a wage claim under the California Division of Labor Standards Enforcement.⁴

The law requires employers to pay more per hour to individuals who work more than 40 hours per week. Under the FLSA, any hours worked beyond 40 hours per week must be paid at no less than the rate of 1.5 times an individual’s hourly pay.⁵ In this case, there are also exceptions under FLSA. Overtime protections do not apply to professional, administrative or executive employees.⁵

In general, an employer is not obligated to pay an employee overtime if they have not asked the employee to work more than 40 hours a week. If the employee works more hours voluntarily, they may not receive the overtime rate for the additional hours. Like with minimum wage violations, any employee whose overtime pay rights are violated under fair labor standards laws, state or federal, can use the relevant legal recourse to make a claim for unpaid overtime.

Federal law requires that employers introduce provisions to protect workers’ safety. The nature of workplace safety can vary depending on the industry. All workplaces are covered by the Occupational Safety and Health Administration (OSHA) Act, which outlines the obligations of employers and the rights of workers.

OSHA sets many standards, including the obligation on employers to provide training to employees to ensure they can carry out their work safely.⁶ The employer must also ensure recordkeeping is current; reporting work-related injuries is required for organizations with 10 or more employees if they are not in an exempt industry.⁶

Employees have a number of rights to be protected from discrimination based on factors such as sex, gender, age, religion, race or national origin. These rights stem from a number of federal laws and constitutional protections, such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act.⁷

People who have faced discrimination or harassment have potential recourse to enforce their rights. An example is the mechanism for federal employees provided by the Equal Employment Opportunity Commission, through which employees can launch a complaint.⁸ People who take this step are protected from retaliation by their employers.⁸

Americans have a general right to privacy by virtue of the Fourth Amendment of the U.S. Constitution. In the workplace, however, there are limits on that right to privacy. Like with minimum wage laws, employees covered by privacy protections also have the benefit of state regulations that place limits on employer violation of workers’ privacy.

The scope of privacy rights is variable, depending on whether an employee has a reasonable expectation of privacy and the employer commits a serious breach of that privacy barrier. As an example, while it might be permissible for an employer to search an employee’s desk, it might not be allowed for them to search their private purse or handbag.⁹

Employers can, however, generally conduct surveillance using audio or video within workplace contexts. That surveillance can’t extend to areas where privacy is expected, like the workplace bathroom.⁹ This is another area with both state and federal protections. For example, in California, Penal Code Section 632 does not allow an employer to tape record an employee’s conversation without permission. This applies to both telephone calls and in-person conversations.⁹

Uphold employee rights in the workplace. Tulane Law’ online Master of Jurisprudence in Labor & Employment Law program at Tulane Law (MJ-LEL) equips you with the expertise to effectively navigate complex employment laws.

Become skilled in the nuances of employment law through the online MJ-LEL’s targeted curriculum, and you’ll be well-prepared to advocate for employee right and support a positive work environment in your organization.

Don’t wait to start moving up. Schedule a call with our admissions team today to get started.