What type of laws provide the minimum protection for all workers in the United States?

The past 100 years have seen a lot of progress in employee protection in the United States of America, especially in cases of job safety, benefits, hiring, and promotions. The 20th century encouraged employees to push for their rights, causing the establishment of essential labor protection laws that millions of Americans trust, even today.

There are a total of approximately 180 laws that protect workers. These include rules related to salaries and wages, as well as parental leave rules. Below are some of the most important federal laws that protect American employees:

Minimum Wage

According to the Fair Labor Standards Act (FLSA), all American employees are to receive a fair minimum wage for the work they do. Ever since 2009, all private and public employers must give employees a fee of $7.25 per hour, making this the minimum wage.

However, over the years, many legislators have pushed to increase this amount. FLSA also ensures that nonexempt workers are compensated in case of overtime work.

This law also protects minors who choose to work. Children under the age of 16 can only work for a set number of hours in the nonagricultural department. Moreover, children under the age of 18 cannot lawfully be employed for jobs that are considered to be risky.

Workplace Safety

American workplace dangers were minimized by the Occupational Safety and Health Act of 1970 (OSHA). Specific safety provisions were formed by the legislation, focusing on construction, maritime, and agricultural employment. A “General Duty Clause” was also made a part of the act so that no employer could put their workers at clear risk at the workplace.

Even though it is mainly OSHA’s job to enforce the law, state agencies also play a part in enforcing some provisions. Although these laws protect most employees, those who are self-employed and work on family farms cannot take advantage of these laws.

Health Coverage

The Affordable Care Act was passed in 2010, making health insurance compulsory for employees in medium and large-scale businesses.

According to the Employer Shared Responsibility Payment provision, organizations that have 50 or more employees who work full-time must be given some form of health insurance. Otherwise, these organizations will be fined and will have to pay a penalty fee. Employees are “full-time” workers if they work for 30 hours or more at a company.

In conclusion, although not as many in other countries, there are some federal laws that protect employees in America. Legal protections aim to ensure that every worker is given a minimum source of income and is safeguarded in the workplace so that no employee is taken advantage of by their employer.

Equal Employment Opportunity Commission

The laws enforced by EEOC makes it unlawful for Federal agencies to discriminate against employees and job applicants on the bases of race, color, religion, sex, national origin, disability, or age. A person who files a complaint or participates in an investigation of an EEO complaint, or who opposes an employment practice made illegal under any of the laws that EEOC enforces is protected from retaliation.

Title VII of the Civil Rights Act of 1964. Title VII of the Civil Rights Act, as amended, protects employees and job applicants from employment discrimination based on race, color, religion, sex and national origin. Title VII protection covers the full spectrum of employment decisions, including recruitment, selections, terminations, and other decisions concerning terms and conditions of employment. See EEOC guidance on race/color, religion, sex, sexual harassment, pregnancy, and national origin discrimination.

Equal Pay Act of 1963. The Equal Pay Act of 1963 protects men and women from sex-based wage discrimination in the payment of wages or benefits, who perform substantially equal work in the same establishment. See EEOC guidance on equal pay and compensation discrimination.

Age Discrimination in Employment Act of 1967. The Age Discrimination in Employment Act (ADEA), as amended, protects persons 40 years of age or older from age-based employment discrimination. The Older Workers Benefit Protection Act amends several sections of the ADEA and establishes conditions for a waiver of ADEA protections. See EEOC guidance on age discrimination.

Rehabilitation Act of 1973. Sections 501 and 505 of the Rehabilitation Act, as amended, protects employees and job applicants from employment discrimination based on disability. This law covers qualified employees and job applicants with disabilities. It also requires Federal agencies to make reasonable accommodation of any known disabilities unless such accommodation would cause an undue hardship. See EEOC guidance on disability discrimination.

The Civil Rights Act of 1991. The Civil Rights Act of 1991 amends several sections of Title VII to strengthen and improve Federal civil rights laws and provide for the recovery of compensatory damages in Federal sector cases of intentional employment discrimination.

Additional information about unlawful discriminatory and retaliatory practices and the remedies is available to Federal employees and applicants who believe they have been subjected to such practices.

Office of Special Counsel and the Merit Systems Protection Board

Other laws enforced by both the Office of Special Counsel (OSC) and the Merit Systems Protection Board (MSPB) protect Federal employees from certain prohibited personnel practices. According to Section 2302(b) of Title 5 of the United States Code, any employee who has authority to take, direct others to take, recommend or approve personnel actions may not:

• Discriminate on the basis of race, color, religion, sex, national origin, age, disability, marital status, or political affiliation.
• Solicit or consider employment recommendations based on factors other than personal knowledge or records of job related abilities or characteristics.
• Coerce an employee’s political activity or take action against any employee as reprisal for refusing to engage in political activity.
• Deceive or willfully obstruct a person’s right to compete for employment.
• Influence any person to withdraw from competition for a position to improve or injure the employment prospects of any other person.
• Give unauthorized preference or advantage to any person to improve or injure the employment prospects of any particular employee or applicant.
• Engage in nepotism.
• Retaliate against an employee or an applicant because of an individual's legal disclosure of information evidencing wrongdoing ("whistleblowing").
• Retaliate against an employee or applicant for exercising an appeal, complaint or grievance right; testifying or assisting another in exercising such a right, cooperating with an Inspector General or the Special Counsel, or refusing to obey an order that would break a law.
• Discriminate against an employee based on conduct which is not adverse to on-the-job performance of the employee, applicant, or others. The Office of Personnel Management (OPM) has interpreted the prohibition of discrimination based on "conduct" to include discrimination based on sexual orientation. See Addressing Sexual Orientation Discrimination in Federal Civilian Employment.
• Violate veterans’ preference requirements.
• Violate any law, rule, or regulation which implements or directly concerns the merit principles.

For additional information about Federal employee and applicant protection regarding prohibited personnel practices, you may call the FTC Office of Inspector General (202) 326-2800, the Office of Special Counsel (202) 653-7188 or visit its website, or you may call the Merit Systems Protection Board (202) 653-6772 or visit its website. You may also contact the FTC's Office of Human Resources Management at (202) 326-2021.

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