Your Rights as a Worker

Every worker in the United States has fundamental rights, regardless of where they work or their immigration status. Understanding these rights helps you protect yourself and ensure fair treatment at work.

What to know

  • You have the right to a safe workplace

  • You must be paid at least minimum wage and overtime

  • It's illegal for employers to retaliate against you for exercising your rights

  • You're protected from workplace discrimination

  • You have the right to join with coworkers to improve conditions

Basic Workplace Rights

Minimum Wage

You must be paid at least the federal minimum wage ($7.25/hour) or your state's minimum wage, whichever is higher. Some cities have even higher minimum wages.

Overtime Pay

Most workers must receive 1.5 times their regular pay rate for hours worked beyond 40 in a week.

Safe Working Conditions

Your employer must provide:

  • A workplace free from serious hazards

  • Required safety equipment at no cost

  • Safety training in a language you understand

  • Access to workplace injury records

Break Time

Many states require:

  • Meal breaks for shifts over 5-6 hours

  • Rest breaks during long shifts

  • Extra breaks for nursing mothers

  • Payment for certain types of break time

Protection from Discrimination

You cannot be treated unfairly based on:

  • Race or color

  • National origin

  • Religion

  • Sex or gender identity

  • Age (40 or older)

  • Disability

  • Genetic information

  • Pregnancy

  • Sexual orientation

This protection covers:

  • Hiring and firing

  • Promotions

  • Work assignments

  • Pay and benefits

  • Any other employment conditions

Right to Organize

You have the legal right to:

  • Talk with coworkers about working conditions

  • Share salary information

  • Join or support a union

  • Take action with coworkers to improve conditions

  • Strike and picket in most situations

Your employer cannot:

  • Prohibit you from discussing workplace issues

  • Ask about your union activities or beliefs

  • Retaliate against you for organizing

  • Fire you for union activity

Privacy Rights

Your employer must:

  • Keep medical records confidential

  • Protect personal information

  • Follow strict rules for monitoring

  • Get consent for certain background checks

You have the right to:

  • Access your personnel file

  • Keep non-work activities private

  • Refuse invasive monitoring

  • Know about workplace surveillance

Protection from Retaliation

It's illegal for employers to punish you for:

  • Reporting unsafe conditions

  • Filing a workers' comp claim

  • Complaining about discrimination

  • Supporting a union

  • Reporting illegal activity

  • Taking protected leave

Taking Action

If your rights are violated:

  1. Document everything in writing

  2. Keep copies of relevant paperwork

  3. Note dates, times, and witnesses

  4. Report violations to proper authorities

  5. Consider speaking with a worker advocate

Where to file complaints:

  • Wage violations: Department of Labor

  • Safety issues: OSHA

  • Discrimination: EEOC

  • Union rights: National Labor Relations Board

Special Situations

Independent Contractors

  • Have different rights than employees

  • Must still be correctly classified

  • Are protected from discrimination

  • Can organize in many cases

Immigration Status

  • Core worker rights apply regardless of status

  • Protection from discrimination applies

  • Right to minimum wage and safe conditions

  • Right to organize and join unions

Support and Resources

Learn more about:

  • How to file specific complaints

  • Finding legal assistance

  • Worker advocacy organizations

  • Union support and resources

Remember: These rights are legally protected, but you must often take action to enforce them. Getting informed and documenting problems are your best first steps.