According to Labor Law in the United States, most contracts are signed on the basis of an employment relationship designated as "at will," that is, a voluntary relationship. This is a direct relationship between employers and workers, so it is not subject to state jurisdiction, and any contracting party has the right to terminate the contract at will. In management positions of high-responsibility or high-quality professionals such as scientists, professors, intellectuals, etc., individual employment contracts are often formally celebrated in detailed and conditioned forms, which specify the rights and obligations of each employer.
Another exception is the employment contract negotiated between the union representative and the company through a collective bargaining agreement. These agreements cover approximately 13% of the active population. They often include so-called "just cause" clauses, which specify the reasons why workers can be dismissed.
If you need it, contact Conexión Legal as soon as possible by calling 1800 201 1220 or writing to us via WhatsApp to receive the best free legal advice, and thus ensure that your rights are respected according to what the Labor Law in the United States dictates, and if applicable, you can obtain the highest possible compensation from the hand of a labor attorney. For foreigners, having a work or business visa is a necessary condition to be able to work in the United States, as an entrepreneur or as an investment. The United States Citizenship and Immigration Service is dependent on the United States Department of Homeland Security and the United States Department of State.
According to the purpose and duration of stay in the United States, there are many types of them. Millions of foreigners live and work in the country without legal documents, face the risk of deportation or other legal sanctions, and generally receive lower wages. Immigration policy was tightened after September 11, 2001, and the need for comprehensive system reform is currently being discussed.
What Working Conditions Does Labor Law in the United States Guarantee?
According to Labor Law in the United States, you have the right to a healthy and safe workplace, discuss unsafe or unhealthy working conditions with your supervisor, refuse to perform dangerous work, receive information about hazards in your job, the actions taken to protect your health and safety at work will not be subject to retaliation, you can access medical and surveillance records from your workplace, and have access to information about injuries and illnesses that occur in your workplace.
- Your job must be safe
Your job must be safe and, if it is dangerous, your employer has the responsibility to correct it. The Occupational Safety and Health Administration, OSHA, enforces the Worker Safety Act. According to the law, your employer must provide you with training on workplace hazards and how to protect yourself at work. Some examples are: operating machinery, working with chemicals, working at heights, when using human blood and body fluids, in a hole or trench more than 4 feet deep. If you need special equipment to protect yourself at work, your employer must pay for it.
- Refusing to work in dangerous conditions
When you believe working conditions are unsafe or unhealthy, you must inform your employer. If your employer does not correct the hazard, or if you disagree about the severity of the hazard, you can file a complaint with OSHA. According to the Occupational Safety and Health Act, an employee can refuse to work due to potentially dangerous working conditions. (However, even if OSHA cannot enforce the law, your union contract or your state's law may grant you this right). The refusal to perform the work may result in disciplinary action against your employer. However, if employees sincerely believe they will face imminent danger, they have the right to refuse to work. "Good faith" means that even if there is no danger, the opinions of workers are reasonable.
- Overtime
Non-exempt workers must receive overtime pay. This is one and a half times your normal rate after 40 hours of work. In other words, if you work more than 40 hours, you must receive at least one and a half times your normal hourly salary for each additional hour after 40 hours.
- Tips
Whoever participates in a certain occupation and regularly receives tips of $30 dollars or more per month. Employers may consider these tips as part of your salary. However, they must pay you directly a salary of at least $2.13 dollars per hour.
- Equal pay for equal work
The regulations of the Fair Labor Standards Act, FLSA, on equal pay for equal work prohibit salary differences based on the gender of employees in the same workplace. Persons who engage in work that requires the same skills, the same effort, and the same responsibilities. That is, those who work under similar working conditions. These terms and other regulations that prohibit discrimination in employment are enforced by the Equal Employment Opportunity Commission, EEOC. If you need free support from an advisor, contact Conexión Legal as soon as possible. We will be able to provide you with the most timely and best free legal advice, and if applicable, you can obtain court representation from a highly professional labor attorney and thus achieve the highest compensation that the Law guarantees you.
