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If you want the help of a trained professional—and we’ll always point out situations in which we think that’s a good idea—consult an attorney licensed to practice in your state. please note 8th edition Your Rights in the Workplace by Attorney Barbara Kate Repa EIGHTH EDITION JULY 2007 Legal research TRISH KEADY TERRY McGINLEY ALAYNA SCHROEDER Cover design SUSAN PUTNEY Book design TERRI HEARSH Proofreading ELAINE MERRILL Index THÉRÈSE SHERE Printing CONSOLIDATED PRINTERS, INC. Repa, Barbara Kate Your rights in the workplace / by Barbara Kate Repa. 8th ed., [rev.] p. cm. Includes index. ISBN-13: 978-1-4133-0643-9 ISBN-10: 1-4133-0643-8 1. Labor laws and legislation United States Popular works. 2. Employee rights United States Popular works. I. Title. KF3455.Z9R47 2007 344.7301 dc22 2007002196 Copyright © 1994, 1996, 2000, 2002, 2005, and 2007 by Nolo. ALL RIGHTS RESERVED. PRINTED IN THE USA. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of the publisher and the author. Reproduction prohibitions do not apply to the forms contained in this product when reproduced for personal use. For information on bulk purchases or corporate premium sales, please contact the Special Sales Department. For academic sales or textbook adoptions, ask for Academic Sales. Call 800-955-4775 or write to Nolo, 950 Parker Street, Berkeley, CA 94710. Acknowledgments Many people—both outside and inside Nolo—gave their time, expertise, and wise counsel to help make this tome possible initially. This eighth edition is made possible by the many workers since then who have shared their stories, their pains and gains. My heartfelt thanks to all. Table of Contents 1 Your Rights in the Workplace Analyzing Your Options 2 Talking It Over With Your Employer 3 Documenting the Problem 4 Considering Legal Action 5 2 Wages and Hours e Fair Labor Standards Act 8 Rights Under the FLSA 13 Calculating Your Pay 27 Calculating Workhours 28 State and Local Laws 37 State Minimum Wage Laws for Tipped and Regular Employees 39 Payroll Withholding and Deductions 73 Enforcing Your Right to Be Paid Fairly 90 Filing a Complaint or Lawsuit 90 Violations of State and Local Laws 91 3 Health Insurance No Legal Right to Coverage 96 Coverage for Current Employees 97 Coverage for Former Employees 101 Individual Health Insurance 104 State Laws on Insurance Continuation 104 Utilization Review 118 4 Family and Medical Leave e Family and Medical Leave Act 122 State Laws on Family Leave 130 e Pregnancy Discrimination Act 144 Work/Life Balance 147 5 Privacy Rights Your Personnel Records 152 Workplace Testing 172 Surveillance and Monitoring 200 Searches and Seizures 207 Clothing and Grooming Codes 207 Conduct Codes 209 6 Health and Safety e Occupational Safety and Health Act 214 Enforcing OSHA Rights 216 Criminal Actions for OSHA Violations 226 State and Local Health and Safety Laws 226 Tobacco Smoke in the Workplace 228 Pesticide Laws 232 Hazardous Substances Laws 246 Violence in the Workplace 246 7 Illegal Discrimination Title VII of the Civil Rights Act 254 State Laws Prohibiting Discrimination in Employment 264 State and Local Anti-Discrimination Laws 279 e Equal Pay Act 287 e Age Discrimination in Employment Act 292 e Older Workers Benefit Protection Act 294 e Americans With Disabilities Act 296 Discrimination Against Workers With HIV or AIDS 306 Discrimination Against Gay and Lesbian Workers 307 [...]... year, the FLSA covers payment only for time on the job 14  |  Your Rights in the Workplace Going Up: The Latest Rage on the Minimum Wage While former debates over increasing the minimum wage revealed themselves to be so many tempests in teapots, the threat or promise— d ­ epending on your politics—to do just that The Fair Minimum Wage Act of 2007 amends the FLSA and gradually raises the federal minimum... .505 Index Chapter 1 Your Rights in the Workplace Analyzing Your Options 2 Talking It Over With Your Employer 3 Documenting the Problem 4 Considering Legal Action 5 2  |  Your Rights in the Workplace M aybe you’re just curious Or maybe you’re the cautious type of soul who likes to think ahead and prevent a wrong before it happens But the. .. procedures—including consulting with users to determine hardware, software, or system functional specifications • designing, developing, documenting, analyzing, creating, testing, or modifying computer systems or programs, including prototypes, based on and related to user or system design specifications • designing, documenting, testing, creating, or modifying computer programs related to machine operating... reflects what they heard We’re All in This Together Coworkers may be reluctant to help you with your workplace complaint, whether by giving statements of their own experiences or by backing up your story of what has ­ ccurred o You may run into the same common reaction: “I don’t want to get involved.” People may be afraid they will lose their own jobs or suffer in some other way if they pitch in and create... place the more confident you will be in presenting your problem This book offers a wealth of information about the basic laws of the workplace and tells you where to turn if you need more ­ pecific s information to clarify your rights Also, the book contains a number of charts summarizing state laws on various workplace rights, including specific penalties that may be ­mposed on employers who violate them... blood with the company You may be able to persuade them to help you by reassuring them that the same law that prohibits the initial wrongful treatment also specifically prohibits the company or union from retaliating against anyone who helps in an investigation of your claim However, if your attempts to coax coworkers are unsuccessful, respect their rights to remain mum—and proceed with whatever other good... to determining whether you are being paid properly under the FLSA, you may need to check whether the other laws discussed in this chapter also apply to your situation The FLSA was passed in 1938 after the ­Depression, when many employers took a ­ dvantage of the tight labor market to s ­ ubject workers to horrible conditions and impossible hours One of the most complex laws of the workplace, the FLSA... action involving your job Make accurate notes of what was said as soon as you can after the statement is made Also note the time and place the statement was made, who else was present, and the conversation surrounding it If others heard the statement, try to get them to write down their recollections, and have them sign that statement Or have them sign your written version of the statement, indicating... rate can check their wages by d ­ ividing the amount they are paid in a pay period by the number of hours worked The resulting average must be at least minimum wage • Commissions and piece rates Your total pay divided by the number of hours you worked must average at least the minimum hourly wage rate Form of Pay Under the FLSA, the pay you receive must be in the form of cash or something that can be... peppered throughout the book, and a comprehensive listing in the appendix Analyzing Your Options If something is amiss in your workplace and you have turned to watercooler wisdom, commuter train tales, or locker room skinny, you may have come away with the same u ­ rging: Sue For most people, that is bad advice The courtroom is usually the worst place to r ­esolve workplace disputes Most of them can be handled . 505 Index CHAPTER 1 Your Rights in the Workplace Analyzing Your Options 2 Talking It Over With Your Employer 3 Documenting the Problem 4 Considering Legal Action 5 2 | Your rights in the Workplace M aybe. stories, their pains and gains. My heartfelt thanks to all. Table of Contents 1 Your Rights in the Workplace Analyzing Your Options 2 Talking It Over With Your Employer 3 Documenting the Problem. your employer take your complaint more seriously in the bargaining process. Stick to the facts. Keeping your legal rights rmly in mind,writeabriefsummaryofwhat has gone wrong and your