Employee Rights Questions and Answers
There are many circumstances where it's important to know your rights, both at work and when you are job hunting.
Here's information on employment regulations and labor laws that provide protection against hiring and workplace discrimination, harassment, termination of employment, and wage and salary violations. There are also definitions of the terms relating to job seeker and employee rights explained in plain language.
Employee Rights Questions and Answers
Interviews, Hiring, and Onboarding: Before you even apply for a job or go to an employment interview, you should know that there are certain questions that it is illegal for hiring committees to ask job candidates. There is also personal information that cannot be requested for jobs in the United States, but which may be required if you apply for work abroad.
- Can an Employer Ask for Your Social Security Number?
- Can an Employer Change My Job Description?
- Can an Employer Specify Religion in a Job Posting?
- Can Employers Check Employment History?
- Can Employers Check Unemployment History?
- Employee Privacy Law
- Is it Illegal to Ask for a Job Applicant’s Date of Birth?
- Revoked Job Offer
- What Can Employers Say About Former Employees?
Discrimination: The United States has very strict regulations governing discrimination in hiring and in the workplace. Employers are expected to adhere to these rules (which is why many job announcements and employer websites will contain a boilerplate statement like, “It is the policy of (Name of Company) not to discriminate against any applicant for employment, or any employee, because of age, color, sex, disability, national origin, race, religion, or veteran status”).
- Age Discrimination: How Old is Too Old?
- Americans with Disabilities Act (ADA) and Job Applicants
- Employment Discrimination Definition
- Employment Discrimination Laws
- Examples of Employment Discrimination
- Filing an Employment Discrimination Claim
- Gender Discrimination
- Military Protection From Discrimination
- New York City Unemployment Discrimination Law
- Pregnancy and Employment
- Religious Discrimination
- The Grey Ceiling: How Old is Too Old?
- Types of Employment Discrimination
- What is Affirmative Action
- Working with a Medical Condition
Foreign Labor Laws: Here is information for foreign nationals about how to apply for a job in the United States and their rights under U.S. law.
- Authorization to Work in the US
- Foreign Labor Law
- How to Get a Permit to Work in the US
- Immigration and Nationality Act (INA)
- Immigration Discrimination
Drug Testing / Employee Privacy Laws: Drug testing in the workplace is largely governed by state law and individual company policy, except for industries like transportation, safety, defense, transit, and aviation, where it is required by federal law. Candidates for federal, state, and county jobs are also frequently required to submit to drug testing.
Workplace Harassment: Every employee is entitled to a workplace that is free of physical, emotional, psychological, and sexual harassment. Know what constitutes workplace harassment and how to respond to it should it occur.
Vacation / Holidays / Time Off / Leave: How much vacation time are you entitled to in your current job? Is your employer required to give you time off during national holidays? Here are some answers.
- Am I Entitled to Holidays Off or Holiday Pay?
- Am I Entitled to Vacation?
- Comp Time
- Do I Get Paid For Working on a Holiday?
- Maternity, Paternity, and Adoption Leave
- Time Off From Work
Wage, Salary, and Benefits: Your paycheck and benefits are dependent upon numerous factors – whether you have seniority in your position, if you work full- or part-time, or if you are an exempt or non-exempt employee.
- Can an Employer Cut My Pay?
- How are My Benefits Affected If I Leave My Job?
- How Many Hours a Week is Full Time Employment?
- How Much do I Get Paid for Overtime?
- How to Collect Unpaid Wages
- How to Handle a Demotion
- Minimum Wage
- Overtime Pay
- Pay for Bad Weather Days
- Pay for Snow Days
- Paycheck Fairness Act
- Types of Employee Benefits
- Wage Garnishment
- Workers’ Compensation and Disability
Work Breaks / Overtime: Is your employer required to give (or pay you for) scheduled work breaks? Can they demand that you work overtime? The answer is, “It depends.”
- Breaks From Work
- Break Time for Nursing Mothers Law
- Do I Get Breaks From Work?
- Do I Have to Work Overtime?
- Mandatory Overtime
Termination / Unemployment: All good things (and certainly all jobs) must come to an end – it’s as inevitable as death and taxes. Here’s what to expect when you either willingly resign for a job or are terminated.
- Am I Entitled to Severance Pay?
- Can I Sue for Wrongful Termination?
- Do I Have to Give Two Weeks Notice?
- Do I Qualify for Unemployment?
- Employee Rights When Your Job is Terminated
- Fired for Facebook
- How to File an Unemployment Appeal
- Severance Packages
- Unemployment Compensation
- What Happens if an Employer Contests Unemployment Benefits?
- When Will I Get My Final Paycheck?
Employment Laws: Here are many of the most important federal laws governing employment practices in the United States.
- Employee Retirement Income Security Act (ERISA)
- Fair Credit Reporting Act (FCRA)
- Fair Labor Standards Act (FLSA)
- Family and Medical Leave Act (FMLA)
- Information on Labor and Employment Laws
- List of Employment Laws
- Nursing Mothers: Fair Labor Standards Act
- Occupational Safety and Health Act (OSHA)
- Right to Work Law
- Taft-Hartley Act of 1947
- Uniformed Services Employment and Reemployment Rights Act
- US Department of Labor (DOL) Employment Information
- Youth Labor Law
Top 10 Workplace Violations
If you have more questions about your rights and entitlements as a worker, review this list of the top 10 employee rights workplace violations to determine whether your employer has complied with the most common legal requirements established to protect employees.