Employment Law

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Labor Rights

What are labor rights? Labor rights or workers’ rights is a group of legal rights and human rights that have to do with labor relations between employees and their employers, usually under labor and employment law. These rights discuss workers’ pay, benefits and safe working conditions. Read below where Experts have provided legal answers and insights relating to labor rights in the United States.

An employee who works in an at will state, are employers required to provide pay to the employee after giving a two weeks, if the employer has requested that they leave the company right then?

Unless the employer has made promises or comments to the at-will employee or it is stated in an employee manual, the employer has to pay the employee for work that has been done. If an employee provides a notice of quitting, and then the employer asks for them to leave immediately, it is not required for the employer to provide pay to that employee for the two weeks. On the other hand to verify what the employee’s rights are, they will need to contact the Department of Labor in the state in which they reside.

As an owner of a restaurant can they charge an employee for miss ordered product?

There are many public policies against the deduction of wages from employees for many things, such as miss ordered product. If the employer has deducted wages without an agreement between them and the employee, the employer will be in violation of employee’s labor rights. Even if there was an agreement between the two, the employer could not reduce below minimum wage.

In the state of California can an illegal alien file a claim with the state labor commissions?

Being illegal in the country is a federal issue, not a state issue. California has protected the labor rights for all workers, including illegal aliens. So as for an illegal alien filing a claim with the state labor commission, they can. The states concern is that they will be more exploited, which could have the effect of encouraging employers to use more illegal alien labor.

When filing with the Department of Labor, can an employer fire that employee for filing a complaint?

When filing a complaint with the Department of Labor depending on the details of the complaint they may have to follow up on it without disclosing a name although they may also be required to disclose to the employer who filed the complaint. If the employee is terminated for filing a complaint, the employee will be protected by the Department of Labor for this filing.

In the state of New York if an employee has requested for a day off and has given the employer 5 days notice the request was denied so the employee proceeded to take the day off, what rights does the employee have when the employer has suspended them with no pay?

In many states in the United States, employees work “at-will” unless they have a contract with the employer or union that provides them certain rights and provides specific rights and duties on the employer. Employers have full rights (unless they are directed to discrimination, not paying minimum wage or unsafe condition) when allowing time off, vacation and other benefits and leaves. Unless the employer has violated their own policy about time off to an employee at-will then the employer may take action, which can include firing an employee who is supposed to be at work and does not show up. This may seem unfair, but this is not considered illegal or neither has it violated any rights.

Many times an employee feels that their employer has violated their labor rights. Many of those times people go and look for insight and legal answers without having to hire a personal lawyer. Experts provide legal answers and insight for many employment law questions.
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