30 FAQs on Employee Rights Under Service Law

General Rights

What are minimum employee rights?

Employees have rights to fair pay, safe working conditions, and freedom from discrimination and harassment.

What is at-will employment?

It means an employer can terminate an employee at any time without cause, but not for illegal reasons.

Can an employer fire me for reporting misconduct?

No, whistleblower protections prevent retaliation for reporting legal or ethical violations.

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What rights do I have during a layoff?

You may have a right to notice under the WARN Act, final pay, and potentially severance, depending on the employer’s policy.

Do I have the right to have a written employment contract?

Not always, but if you do, the terms in the contract apply to both your rights and responsibilities.

Wages and Hours

What is the federal minimum wage?

It’s $7.25 an hour, although many states and local jurisdictions set a higher minimum wage.

 Is overtime pay mandatory?

If you are non-exempt employee under the FLSA, for hours worked in excess of 40 in a week you must be paid at 1.5 times your regular rate.

Can my employer withhold my paycheck?

Only for legal purposes such as income taxes or through court order as for a garnishment.

Can my employer change my pay without notice?

Employers can change wages prospectively; however, it is illegal for employers to take away wages which have already been earned retroactively.

What happens if I’m not paid on time?

You have the right to lodge a complaint to the Department of Labor or any state labor board for unfair labor practices against you.

Workplace Discrimination and Harassment

Which laws protect me from workplace discrimination?

Federal legislation include Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act.

Report it to your employer, follow their grievance process, and, if necessary, file a complaint with the EEOC.

Can I get fired for reporting discrimination?

No, it is illegal for employers to retaliate against employees who file complaints.

What is a hostile work environment?

An environment with pervasive harassment that makes it difficult for an employee to perform their job.

Do I have to tolerate harassment from customers or clients?

No, your employer must take action to correct harassment from any source.

Health and Safety

What are my rights to a safe workplace?

Under OSHA, you have the right to a workplace free from recognized hazards.

Can I refuse unsafe work?

Yes, if you feel there is real danger, you can refuse to do unsafe tasks and report it.

What do I do if injured at work?

Report the injury as soon as possible and file a workers’ compensation claim.

Do I get breaks at work?

Federal law doesn’t require breaks, but many states have rules about meal and rest breaks.

What are my rights in a pandemic?

You are entitled to a safe workplace, reasonable accommodations, and leave under applicable laws.

Leaves and Time Off

What is the Family and Medical Leave Act (FMLA)?

The FMLA grants eligible employees up to 12 weeks of unpaid leave for specific family and medical reasons.

Am I entitled to paid sick leave?

Federal law does not mandate it, but some states and employers provide paid sick leave.

Can my employer deny my vacation request?

Yes, unless it violates an employment contract or established policies.

What is maternity/paternity leave?

Leave for birth or adoption. Often covered by FMLA or state laws but is unpaid.

Can I use leave for mental health?

Yes. Mental health disabilities may be FMLA or an ADA accommodation.

Privacy and Surveillance

Can my employer monitor emails and internet?

Yes, so long as the employee has received notice if it takes place on work computers.

Can my employer compel me to drug test?

Yes, but it must be in accordance with state laws and fair.

Do I have a right to privacy at work?

You have limited rights to privacy, especially regarding personal belongings or private conversations.

Termination and Resignation

What is wrongful termination?

Firing an employee for illegal reasons, such as discrimination or retaliation.

What happens to my benefits after termination?

You may qualify for COBRA to continue health insurance and unemployment benefits if eligible.

These FAQs provide an easy-to-read summary of rights under service law for employees.

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