Your rights at work in the USA

In every state except Montana, employment is at-will by default: the employer can terminate you at any time for any reason or no reason, and you can leave the same way. There is no statutory notice period, no consultation requirement, and no severance entitlement. Two weeks' notice from an employee is a courtesy norm, not a legal obligation.

At-will has real limits, and they are the substance of most successful claims. You cannot be fired for a reason that is illegal: because of race, color, religion, sex including pregnancy, sexual orientation and gender identity, national origin, age 40 or over, disability, or genetic information. Nor for taking FMLA leave, for military service, for reporting safety violations, for filing a workers' compensation claim, for jury duty, or for whistleblowing on specified conduct.

You also cannot be fired in retaliation for asserting any of those rights — and retaliation claims frequently succeed where the underlying claim does not, because the timing is easier to prove than the motive.

Written contracts, collective bargaining agreements and, in some states, employee handbooks can override at-will status. Read anything you signed.

Public sector employees generally have more protection, including due process rights before termination.

The federal minimum wage has been $7.25 an hour since July 2009 — the longest freeze since the minimum wage was created. More than half the states set a higher one, and many cities set higher still. You are entitled to whichever is highest.

Tipped workers can be paid a federal cash minimum of $2.13 an hour provided tips bring the total to at least $7.25. If they do not, the employer must make up the difference — a rule frequently ignored. Several states require the full minimum wage before tips.

Overtime is time and a half for hours over 40 in a workweek, for non-exempt employees. There is no federal daily overtime requirement, though California and a few other states have one. Exempt employees — generally executive, administrative, professional, outside sales and certain computer roles paid above a salary threshold — are not entitled to overtime. Misclassifying non-exempt workers as exempt is one of the most common wage violations.

Independent contractor misclassification is the other big one. Being given a 1099 rather than a W-2 does not make you a contractor; the test is the degree of control the employer exercises over how the work is done. Misclassification costs you overtime, unemployment insurance, workers' compensation and the employer's half of payroll taxes.

There is no federal requirement for meal or rest breaks. Many states require them. Where breaks under 20 minutes are given, federal law requires they be paid.

Final paycheck timing is set by state law and varies from immediately on termination to the next regular payday.

The Family and Medical Leave Act gives eligible employees 12 weeks of unpaid, job-protected leave a year for a serious health condition, to care for a family member, or for the birth or adoption of a child. Eligibility requires an employer with 50 or more employees within 75 miles, 12 months of service and 1,250 hours worked in the previous year — which excludes a substantial share of the workforce.

There is no federal paid leave of any kind. A minority of states operate paid family and medical leave programs funded through payroll contributions, and a larger group requires paid sick leave. Check your state and city.

The Pregnant Workers Fairness Act requires reasonable accommodations for pregnancy, childbirth and related conditions, and the PUMP Act requires break time and private space for nursing.

OSHA gives you the right to a workplace free from recognized serious hazards, the right to request an inspection, and the right to do so without retaliation. Complaints can be filed anonymously.

Federal anti-discrimination law is enforced by the EEOC, and the deadline is strict: 180 days from the discriminatory act, extended to 300 days where a state or local agency enforces an equivalent law — which covers most states. Filing with the EEOC is free, requires no lawyer, and is a prerequisite to suing under most federal discrimination statutes.

The National Labor Relations Act protects concerted activity — two or more employees acting together about pay or conditions — whether or not there is a union. Discussing your salary with colleagues is protected, and a policy prohibiting it is unlawful for most private employees.

Wage and hour problems — unpaid minimum wage, unpaid overtime, illegal deductions, tip violations, FMLA interference — go to the Department of Labor's Wage and Hour Division. Complaints are free, can be made confidentially, and can be filed regardless of immigration status. The Department of Labor does not ask about status and does not share information with immigration authorities in wage investigations.

Discrimination and harassment go to the EEOC, or to the equivalent state agency, within 180 or 300 days. Filing is free and online.

Safety complaints go to OSHA, which can inspect and cite, and retaliation for filing has its own protected complaint process with a short 30-day deadline.

Retaliation for organizing, discussing pay, or acting collectively with coworkers goes to the National Labor Relations Board.

Many states have their own labor departments with stronger protections and sometimes faster processes than the federal equivalents. Filing with both is often possible.

None of these require a lawyer or cost anything. Employment attorneys typically work on contingency for strong discrimination and wage cases, and several federal employment statutes shift attorney fees to a losing defendant — which is why lawyers will take cases with modest damages under those laws.