Rights at Work

When providing services for an employer, all workers may claim certain rights and entitlements according to labor laws in the United States. While exceptions do exist, most workers have the right to fair wages and overtime pay, the right to safe working conditions, and the right to compensation if they are injured on the job. Workers also have the right to take time off when a family member is sick or to go on maternity and/or paternity leave when a child is born. There are also federal acts that apply to and protect certain types of workers, such as miners, migrant and seasonal agricultural workers, plant workers, construction workers, and those that work in the transportation industry.

Legal Issues

The Fair Labor Standards Act (FLSA) took effect in 1938 and outlined many of the on-the-job rights that workers have with respect to minimum wages, pay for overtime work, records, and prohibition of child labor in the United States. The FLSA applies to all employees in the private and public sectors. As of July 2009, the minimum wage in the United States is $7.25 per hour, although states may also regulate minimum wages. Overtime pay, as outlined by the FLSA, must be 1.5 times the employee’s regular pay. An employee must be paid for working overtime when he or she works more than forty hours in a given week. Currently, there is no limit to the number of hours an adult may work. Overtime pay is not required when an employee works on a holiday or weekend.

Affected Groups

In 2013, there were an estimated 155.5 million workers in the United States. However, approximately 11.9 million of those workers, 7.7% were unemployed. One group of interest among the labor force are minimum wage workers. A report published by the United States Bureau of Labor Statistics indicated that minimum wage workers are more likely to be young and female. They were also more likely to be African American, with 5% of all African American workers making minimum wage, compared to 4% of white and Hispanic or Latino workers. Most worked in service-related occupations, including food-preparation and serving, which are considered in the leisure and hospitality industry.

Challenges

The minimum wage has been a topic of debate for the past several years in the United States. Currently, the minimum wage does not apply to all forms of labor; for instance, those in the food and beverage industry may be paid as low as $2.13 per hour, given that their hourly rate plus tips is equal to the minimum wage. In addition, those who are not yet 20 years of age may be paid only $4.25 for the first ninety days of their employment term. In April 2014, the Senate discussed a Minimum Wage Fairness Act, which would introduce a minimum wage increase over the next two years. The Act was supported by President Obama and many of the Democratic Senators, but strongly opposed by Republican Senators.