The employment world can be complicated for employees who do not know their rights and the laws that govern them. Unfortunately, most employees and employers are confused about employee rights. Can employees discuss their earnings with colleagues without repercussions, such as getting terminated? Are employees entitled to breaks in the workplace?
You’ll be surprised that most people do not have the answers to such questions, and that’s why many myths about employee rights exist. You should consult an employment law attorney in California to demystify the myths associated with employee rights.
Employee Rights–Myths and Misconceptions
There’s a common belief that the law always favors employees more than employers in the workplace. But is that true? The simple answer is No. You will be surprised that employees enjoy fewer legal rights than you’ve thought.
The definition of “rights” and policies created to favor employers are confusing. Policies used in one organization may not apply to another organization. Likewise, legal rights may vary by organization. The following are some myths and misconceptions about employee rights:
1. Pay discussion is forbidden
This statement is true unless you live on an island. The National Labor Relations Act does not prohibit discussing their salaries, wages, and working conditions with colleagues as long as they do not mention the salaries of other employees.
Employers are also prohibited from forcing their employees to sign a confidentiality agreement or disciplining them for discussing their wages and working conditions with colleagues.
Most states, including California, have their versions of employment laws to protect employees’ rights further to discuss their wages and other workplace issues.
2. Employers don’t have to pay unapproved overtime
Non-exempt employees should work a maximum of 8 hours a week or 40 hours a week, and the extra hours are considered overtime that should attract overtime pay, as per the Fair Labor Standards Act. A normal workday in the U.S has 8 hours, while a workweek is made up of 40 hours. That said, employees should receive overtime pay calculated at 1.5 times the regular hourly wage of an employee. Always note that what constitutes overtime can vary by state.
In California, any hour of work that comes after an eight-hour workday is considered overtime—unless your state has allowed your employer to implement an alternative workday or workweek. Most states require employee pay to be implemented in a specific manner. The U.S. Department of Labor’s Wage and Hour Division enforces employee employment laws.
3. Employers can’t look at Employee Files
Most states allow employees to access their files for various reasons, such as when an employee is applying for another job, reviewing their reference checks, and more. Employees must request to view their files in writing and pay for any photocopy expenses incurred. Otherwise, you can only view your file in the presence of your employer or manager. Some states allow employees to view their files once annually. However, some organizations or employers don’t allow former employees to access their files. It should be noted that employees with pending investigations aren’t allowed to access their records.
4. Women are entitled to 12 weeks of Maternity Leave
California employees are entitled to an unpaid leave of 12 weeks within one year for different reasons, including childbirth or adoption of a child, as per the Family Medical Leave Act (FMLA). The above statement does not mean that your employers must give their female employees 12 weeks’ maternity leave each year–it’s only applicable if the employee is pregnant.
Employers should provide maternity leave based on the medical needs of the pregnant employee or the baby, as determined by a physician. For instance, a woman who delivers through a C-section might require ten weeks to recover fully. On the other hand, a woman who gives birth through normal delivery requires only six weeks to recover fully.
5. Employers must provide breaks
Employers in all states aren’t required to let employees take a break during work, contrary to what most people think. Your employer should compensate you for forfeited official breaks. However, employers aren’t obliged to pay employees for lunch breaks, as per the Fair Labor Standards Act.
You’re not alone if you feel overwhelmed by all these regulations and exceptions to the rules–you probably share the same feeling with your employer or manager. Always remember that employment laws protect all parties in an employment relationship– employees and employers. All stakeholders must work together to ensure an organization achieves the goal of being a safe, productive, and mutually beneficial employer.
There are many myths and misconceptions surrounding employee rights. Consulting a legal professional specializing in employment law is the first step toward understanding employee rights.
