Workplace Rights Lookup
Know your rights in any workplace situation
What is Your Situation?
Select a workplace situation to learn about your rights.
Key Federal Employment Laws
Summary of the major federal laws protecting workers. State laws may provide additional protections.
Fair Labor Standards Act (FLSA)
Key Protections: Minimum wage ($7.25/hr federal, many states higher), overtime pay (1.5x for hours over 40/week for non-exempt employees), child labor restrictions, recordkeeping requirements.
Who is Covered: Most private-sector employees. Exemptions exist for certain salaried executive, administrative, and professional employees (salary threshold: $684/week as of 2024).
File Violations With: Department of Labor Wage and Hour Division.
Family and Medical Leave Act (FMLA)
Key Protections: Up to 12 weeks unpaid, job-protected leave per year for: birth/adoption of a child, serious health condition (self or family member), qualifying military exigency. Up to 26 weeks for military caregiver leave.
Who is Covered: Employees with 12+ months of employment, 1,250+ hours worked in last 12 months, at a location with 50+ employees within 75 miles.
File Violations With: DOL Wage and Hour Division or file a private lawsuit.
Title VII of the Civil Rights Act
Key Protections: Prohibits discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, gender identity), and national origin in all aspects of employment.
Who is Covered: Employees at companies with 15+ employees.
File Violations With: EEOC within 180 days (300 days with state agency).
Americans with Disabilities Act (ADA)
Key Protections: Prohibits discrimination against qualified individuals with disabilities. Requires reasonable accommodations. Prohibits medical inquiries pre-offer.
Who is Covered: Employees with disabilities at employers with 15+ employees.
File Violations With: EEOC within 180/300 days.
Age Discrimination in Employment Act (ADEA)
Key Protections: Prohibits employment discrimination against individuals aged 40 and older. Covers hiring, firing, pay, promotions, and other terms.
Who is Covered: Workers 40+ at employers with 20+ employees.
File Violations With: EEOC within 180/300 days.
Occupational Safety and Health Act (OSHA)
Key Protections: Employers must provide a workplace free of recognized hazards. Workers can report unsafe conditions without retaliation. Right to request inspection, access safety records, receive training.
Who is Covered: Most private-sector employees.
File Violations With: OSHA complaint (online, phone, mail, or fax). Retaliation complaint within 30 days.
National Labor Relations Act (NLRA)
Key Protections: Right to organize, form/join unions, bargain collectively, and engage in "concerted activity" (including discussing wages and working conditions with coworkers -- even without a union).
Who is Covered: Most private-sector employees (excludes agricultural, domestic, supervisory, and government workers).
File Violations With: NLRB within 6 months.
WARN Act (Worker Adjustment and Retraining Notification)
Key Protections: Employers must give 60 days notice before mass layoffs (50+ employees at a site) or plant closings. Failure to give notice can result in back pay and benefits for the notice period.
Who is Covered: Employers with 100+ employees.
COBRA (Consolidated Omnibus Budget Reconciliation Act)
Key Protections: Allows you to continue group health insurance for up to 18 months (36 months in some situations) after job loss or reduction in hours. You pay the full premium plus up to 2% admin fee.
Who is Covered: Employees at companies with 20+ employees who had employer health insurance.
ERISA (Employee Retirement Income Security Act)
Key Protections: Sets standards for private-sector retirement and health plans. Protects pension benefits, requires plan disclosure, establishes fiduciary responsibilities. Prohibits firing to prevent pension vesting.
Who is Covered: Participants in employer-sponsored benefit plans.
Equal Pay Act (EPA)
Key Protections: Requires equal pay for equal work regardless of sex. Jobs must be substantially similar in skill, effort, responsibility, and working conditions (not identical titles).
Who is Covered: Virtually all employers.
File Violations With: EEOC or file a private lawsuit. No EEOC charge required first.
State Employment Law Lookup
Select your state to see key employment law differences from federal law.
How to File a Workplace Complaint
Step-by-step guides for each federal agency. Time limits are strict -- do not wait.
EEOC (Equal Employment Opportunity Commission)
For: Discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information.
Deadline: 180 days (300 days if your state has a FEPA).
How to file:
- Go to publicportal.eeoc.gov to file online, or call 1-800-669-4000.
- Submit an "intake questionnaire" or schedule an interview at your local EEOC office.
- EEOC will draft a formal Charge of Discrimination for you to review and sign.
- Your employer will be notified and given a chance to respond.
- EEOC may offer mediation, investigate, or issue a right-to-sue letter.
What to expect: Investigations typically take 6-12 months. You can request a right-to-sue letter after 180 days to proceed with a private lawsuit.
OSHA (Occupational Safety and Health Administration)
For: Unsafe working conditions, hazardous exposures, safety violations, or retaliation for reporting safety concerns.
Deadline: 30 days for retaliation complaints. No deadline for safety complaints (but file promptly).
How to file:
- Safety complaint: File online at osha.gov, call 1-800-321-OSHA, or visit local office.
- Retaliation complaint: Must be filed within 30 days online, by mail, or by phone.
- You can file anonymously for safety complaints. Your name is kept confidential.
- OSHA may inspect the workplace and issue citations to the employer.
DOL Wage and Hour Division
For: Unpaid wages, overtime violations, minimum wage violations, FMLA violations, child labor violations.
Deadline: 2 years (3 years if willful). File as soon as possible.
How to file:
- Call 1-866-487-9243 (WHD helpline) or visit dol.gov/agencies/whd.
- File a complaint online, by phone, or at your local WHD office.
- You do not need an attorney. WHD investigates at no cost to you.
- If violations are found, WHD can recover back wages and damages on your behalf.
NLRB (National Labor Relations Board)
For: Interference with union activity, retaliation for discussing wages or working conditions, unfair labor practices.
Deadline: 6 months from the unfair labor practice.
How to file:
- File online at nlrb.gov or at your nearest NLRB regional office.
- Complete a "charge" form (ULP charge against employer).
- An NLRB agent will investigate and may issue a formal complaint.
- Remedies can include reinstatement, back pay, and posting requirements.
State Labor Board / FEPA
For: State-specific violations, discrimination at smaller employers, additional protected classes, wage theft, and more.
Deadline: Varies by state -- typically 180 days to 3 years.
How to find: Search for "[your state] department of labor" or "[your state] civil rights commission." Many states allow online filing. Filing with a state FEPA often cross-files with the EEOC automatically.