Work and Career · Chapter 4
Workplace rights and classification
Know the federal floor, then check the law and policy that actually apply where you work.
The federal baseline
Wages, overtime, and exemptions
The Fair Labor Standards Act establishes federal minimum wage, overtime, recordkeeping, and youth-employment standards. For covered nonexempt workers, the federal minimum wage is currently $7.25 per hour. Many states have higher minimums. Where both state and federal minimum-wage laws apply, the employee is generally entitled to the higher applicable minimum.
Covered nonexempt employees generally must receive at least 1.5 times the regular rate for hours worked over 40 in a workweek, subject to exemptions and special rules. Federal overtime under the FLSA is based on the workweek, not the workday. Working nine hours on a Tuesday does not by itself trigger overtime unless the weekly total exceeds 40. State law may set different rules.
Salaried does not mean overtime-exempt
The Department of Labor's exemption guidance states that job titles do not determine exempt status. Whether an employee qualifies for an overtime exemption depends on specific legal requirements for the applicable exemption, including duties and applicable salary thresholds. Being paid a salary or having a managerial-sounding title does not by itself eliminate overtime rights. If you are salaried and work more than 40 hours per week, the exemption question is worth checking.
Employee vs. independent contractor
The Department of Labor's current FLSA guidance states that worker classification is based on the economic realities of the relationship, not merely on what the parties call the worker. Receiving a 1099 does not by itself settle the legal classification question. IRS and other legal tests may apply different standards for tax, unemployment, and workers' compensation purposes. If you believe you have been misclassified, the Department of Labor, the IRS, and applicable state agencies provide guidance and complaint procedures.
EEOC protections
Discrimination, accommodation, and retaliation
The Equal Employment Opportunity Commission states that federal employment discrimination laws protect covered applicants and employees from discrimination on specified bases including race, color, religion, sex (including pregnancy, sexual orientation, and transgender status), national origin, age 40 or older, disability, and genetic information. Federal law also prohibits specified forms of retaliation. Coverage and filing deadlines depend on the law and the employer. State and local law may add protections.
Workplace accommodation
EEOC states that reasonable-accommodation protections can apply to disability, religion, and pregnancy, childbirth, and related medical conditions under applicable law. If you need an accommodation during the hiring process or on the job, the employer may have obligations to engage in an interactive process. Detailed accommodation law varies by situation. EEOC provides current guidance on the process and your rights.
Know the difference between law and custom
Not every unpleasant workplace experience is a legal violation, and not every legal right applies to every employer. Unit 14 teaches recognition and routing: know enough to identify when a workplace question may involve a legal right, and know which agency to contact. It does not encourage constant legal confrontation over ordinary workplace preferences. Know the floor. Check the facts. Get help when the facts suggest you need it.
Safety and leave
Workplace safety and family leave
OSHA worker rights
OSHA states that workers have rights including receiving required safety training in a language they understand, reporting hazards, requesting an OSHA inspection, reporting injury or illness, and exercising safety rights without unlawful retaliation. OSHA also notes that some whistleblower filing deadlines can be short. For OSH Act retaliation, OSHA's current worker page identifies a 30-day complaint period. Do not assume you can wait months to file a safety retaliation complaint.
FMLA is not universal paid leave
The Department of Labor states that eligible employees of covered employers may receive up to 12 workweeks of job-protected FMLA leave for qualifying family and medical reasons, and up to 26 workweeks for certain military-caregiver leave. Eligibility generally requires working for a covered employer, having worked for that employer at least 12 months, having at least 1,250 hours of service in the previous 12 months, and working at a location where the employer has at least 50 employees within 75 miles.
FMLA leave is generally unpaid, although paid leave can run concurrently depending on employer policy, state law, or other applicable provisions. Do not assume every employee gets 12 weeks of paid family leave. Check eligibility, qualifying reasons, and employer policy together.
Where to go with a workplace question
Sources
Where this guidance comes from
- U.S. Department of Labor, Fair Labor Standards Act, accessed 2026-08-11.
- U.S. Department of Labor, Fact Sheet 17D: Overtime Exemptions, accessed 2026-08-11.
- U.S. Department of Labor, Fact Sheet 13: Employment Relationship, accessed 2026-08-11.
- EEOC, Employees and Job Applicants, accessed 2026-08-11.
- EEOC, Prohibited Employment Policies and Practices, accessed 2026-08-11.
- OSHA, Worker Rights and Protections, accessed 2026-08-11.
- U.S. Department of Labor, Family and Medical Leave Act, last updated 2026-01-26, accessed 2026-08-11.