Understanding Your Legal Rights
The United States legal system is based on a framework of rights and responsibilities. All workers in the United States are protected by Employment, Labor, and Immigration laws, even if you are not an American citizen. This guide is intended to serve as both a brief introduction to your rights under United States law and as a guide to your responsibilities when exercising those rights. Download KNOW YOUR RIGHTS Bookmark
In general, your rights come from specific statutes or regulations passed by local, state, or federal legislatures and agencies. Federal laws apply in every state and the federal government provides information and assistance if you believe the law has been broken and your rights violated.
The majority of states also have local laws concerning employment and labor practices – and in many cases the state laws offer greater protection than federal provisions. State government agencies also provide support for residents who believe they are receiving illegal treatment.
Remember, the information provided on this Web site was not specifically written to apply to your individual situation. Please consult an attorney or the appropriate agency about your rights and your specific situation.*
Employment/Worker Rights and Labor Protections
Protection from Workplace Discrimination
Labor Laws and Worker Protection
A key component of laws that protect employees is explicit protection for those who seek to enforce their workplace rights. There are many government agencies that provide resources online or by phone and can answer any questions you have about anti-retaliation provisions and other aspects of the laws described below. See Health Professional Resources
Fair Labor Standards Act (FLSA)
Also known as the “Wage/Hour” law, the FLSA provides minimum wage requirements, overtime requirements, child labor regulations, and equal pay provisions for most employees. Overtime pay is required for most workers who are paid an hourly wage.
Overtime of 1.5 times the normal pay rate for hours worked beyond the normal 40-hour workweek is standard. Exceptions to the overtime rule exist and are based on managerial responsibilities, employer sector (public or private), language in any collective bargaining agreement/contract which might be in place, position and job training. Salaried workers are often not eligible to receive overtime pay.
You can contact the Department of Labor by phone at the Wage and Hour Division’s toll-free help line Monday through Friday 8 a.m. to 8 p.m. Eastern Standard Time:
1-866-4USWAGE (1-866-487-9243) and TTY: 1-877-889-5627
William Wilberforce Act of 2008
This Act makes several changes to nonimmigrant visa classification criteria, visa processing requirements, and the grounds for inadmissibility. The changes under this provision of this law, relate to the legal rights of certain employment or education-based nonimmigrants under Federal immigration, labor, and employment laws. Download brochure
On the Federal level, the Equal Employment Opportunity Commission (EEOC) is the government agency in charge of enforcing Title VII, the ADEA and other related employment laws. Title VII is a Federal law protects workers against discrimination based on Race, Color, Religion, National Origin or Sex (also referred to as gender). These categories are known as “protected classes” under the law.
Every state has similar provisions and state agencies that can also provide information and assistance. These organizations are commonly referred to as FEPAs, or Fair Employment Protection Agencies. A comprehensive list of these state agencies can be found HERE.
Age Discrimination in Employment Act (ADEA)
The ADEA prohibits discrimination in hiring, employment, or termination against applicants and employees age 40 and over with certain very limited exceptions.
Americans with Disabilities Act (ADA)
The ADA prohibits employment discrimination against individuals with a disability if they can perform the essential functions of the job with no special accommodations, or if they can perform such functions with special accommodations which are “reasonable” based upon the size of the company, the nature of the job and the costs of the accommodations.
Equal Pay Act (EPA)
The EPA applies to all employers covered by the FLSA, and prohibits discrimination based on gender in the payment of wages for jobs of equal skill, effort, and responsibility that are performed under similar working conditions. Exceptions are provided for pay differentials based on seniority, merit, or some other bona fide factor other than sex (e.g., education, training, specialized skills, and experience). To find your local office, click HERE. For general information visit the EEOC Web site or call 1-800-669-4000.
Family & Medical Leave Act (FMLA)
The FMLA provides up to 12 weeks of unpaid leave when an employee or covered family member has a serious health condition that requires medical care or treatment and a physician certifies that an employee’s leave is necessary. You have the right to up to 12 weeks of unpaid, job-protected leave on the birth or adoption of a child, to care for seriously ill family members or to recover from your own illness. To be eligible for this leave, you must have worked for 12 months and for at least 1,250 hours for the same employer with more than 50 employees.
National Alliance for Filipino Concerns
The mission of the National Alliance for Filipino Concerns is to:
- Protect and advance the rights and welfare of Filipinos by fighting for social, economic and racial equality;
- Respond to the basic needs and interests of Filipinos in the US through education, action and national unity;
- Promote Filipino heritage as a positive cultural identity and contribution to US society; and
- Pursue the call for international peace, based on social justice.
Immigration and Nationality Act (INA)
Although the INA is primarily directed at employers and makes it unlawful for an entity to employ any individual who is not authorized to work in the U.S., the INA also includes anti-discrimination provisions intended to protect employees who are not covered by the EEOC. If you are employed by an organization with more than 3 and less than 15 employees, than the INA protections apply to you.
National Labor Relations Act (NLRA)
The NLRA prohibits most employer from engaging in “unfair labor practices,” including discriminating against employees who choose to engage in (or to decline to engage in) any union-related activities. Protected activities include joining a union or asking others to join, banding together collectively for “mutual aid and protection” (whether or not a union is involved), seeking to deal on a group basis with the employer about working conditions; and engaging in other concerted activities for the purpose of negotiating more favorable employment terms.
The NLRA is enforced by the National Labor Relations Board, an independent federal agency created by Congress. The NLRA guarantees the right of employees to organize and to bargain collectively with their employers, and to engage in other protected group activity with or without a union, or to refrain from all such activity. To learn more about what the NLRB does, or to file a complaint, visit their Web site or call 1-866-667-NLRB. To search for the NLRB office closest to your location, click HERE.
Occupational Safety & Health Act (OSHA)
OSHA applies to most employers and imposes a general duty to maintain a safe place to work. OSHA also gives employees the right to file complaints about workplace safety and health hazards. Further, the Act gives complainants the right to request that their names not be revealed to their employers.
A contract is a legally binding document that spells out the rights and obligations of all of the parties involved in an agreement.
Contracts create mutual obligations between two parties – and these obligations, if properly created, are considered legitimate legal rights of each party in an American court.
While contracts are viewed as a set of promises that can be enforced under the law , they are only considered enforceable if they meet certain legal requirements. Even when a contract contains all legally essential elements, there are certain instances in which a contract will be considered unenforceable (invalid) because a party to the contract has acted unfairly or a provision in the contract is considered illegal or unethical. Essential elements to include are place of employment, units, salary, employee benefit, orientation, and any other agreement details are written into the contract document.
Should my contract be in writing?
It is far preferable to have a written contract, however a contract does not have to be in writing in order to be binding and enforceable.
In most instances nurses who come to the United States sign written contracts with the organizations who recruit them. Under U.S. law, when there is a written and signed contract it is assumed that the contract is a complete representation of the agreement between the parties who signed it.
Anything discussed prior to signing the contract that is not included in the final written document is not considered part of the contract. This is one of the reasons why it is so important to make sure you read and understand the contract before you sign it.
U.S. law assumes that you have read a contract before you signed it. If you sign the contract without reading its contents, in most instances you will be accountable for adhering to what the contract says.
The contract should reflect the promises you and the recruiting company make to each other. Your specialized skills or experience may be listed in the contract, and by signing the contract you are promising that you have represented your experience accurately. If a recruiter or healthcare organization has promised you a choice of work location, or guaranteed a specific work environment, these promises should be contained in the contract as well.
What if I do not understand everything in the contract?
Before signing a contract you have the right to ask questions about any of the terms (words used) or provisions (promises made) before you sign it. If possible you should consult an attorney or another expert source for advice and information. Do not sign a document you either don’t understand or were told would be revised at a later date. The contract you sign is the contract you will be expected to honor.
Do I have a right to a copy of the contract?
Yes. As a party to the contract you have a right to a full, signed copy of the contract (also known as an “executed copy”). When you sign the contract with a recruiter, you are making a promise to meet the obligations in that contract in exchange for the recruiter meeting their obligations to you. Your contract is the only proof you have of the promises made between you and the recruitment company or healthcare organization.
If a copy of the contract, that is signed by both you and the recruitment company or healthcare organization is not provided to you, then ask when you can expect to receive a copy with all signatures in place. You should ask for a copy of the contract you sign and turn in to the recruiter, or make a copy for your records if you are placing the contract in the mail.
When the recruiter provides the final, signed copy you should review it carefully. Unless the recruiter has contacted you to discuss changes to the contract, and you have consented to those changed, the final contract should match the contract you originally signed.