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Summary
Employees: Learn your rights!

Your Rights in the Workplace is an invaluable reference for every employee. Whether you have questions about your paycheck, discrimination, layoffs, or benefits, you'll find answers here.

Get the facts on:

drug and other workplace testing sexual harassment wrongful termination wages and overtime sex, race, age, and disability discrimination family and medical leave on-the-job safety and health health insurance and retirement plans, and unemployment, disability, and workers' compensation insurance.

Your Rights in the Workplace also contains nearly 20 charts on state-specific employment laws, including those on equal pay, use of criminal records, paid sick leave, social media passwords, medical and recreational marijuana, and more.

Table of Contents
1Your Rights in the Workplacep. 1
Analyzing Your Optionsp. 2
Talking It Over With Your Employerp. 3
Documenting the Problemp. 4
Considering Legal Actionp. 6
1Wages and Hoursp. 9
The Fair Labor Standards Actp. 10
Rights Under the FLSAp. 15
Calculating Work Hoursp. 26
Vacation and Sick Leavep. 31
Time Off Work for Civic Dutiesp. 31
Payroll Withholding and Deductionsp. 33
Filing a Wage Complaint or Lawsuitp. 36
Violations of State and Local Lawsp. 38
3Health Insurancep. 83
Coverage for Current Employeesp. 84
Coverage for Former Employeesp. 86
State Laws on Insurance Continuationp. 88
4Family and Medical Leavep. 103
The Family and Medical Leave Actp. 104
State Family and Medical Leave Lawsp. 110
The Pregnancy Discrimination Actp. 112
Work/Life Balancep. 114
5Privacy Rightsp. 125
Your Personnel Recordsp. 126
Workplace Testingp. 133
Surveillance and Monitoringp. 143
Searches and Seizuresp. 147
Clothing and Grooming Codesp. 148
5Health and Safetyp. 201
The Occupational Safety and Health Actp. 202
Enforcing OSH Act Rightsp. 204
Criminal Actions for OSH Act Violationsp. 213
State and Local Health and Safety Lawsp. 214
Tobacco Smoke in the Workplacep. 216
Pesticide Lawsp. 218
Hazardous Substances Lawsp. 219
7Illegal Discriminationp. 221
Title VII of the Civil Rights Actp. 224
The Equal Pay Actp. 229
The Genetic Information Nondiscrimination Actp. 234
The Age Discrimination in Employment Actp. 235
The Older Workers Benefit Protection Actp. 237
The Americans with Disabilities Actp. 239
Discrimination Against Workers With HIV or AIDSp. 247
Discrimination Against LGBT Workersp. 247
State Laws Prohibiting Discriminationp. 249
8Sexual Harassmentp. 265
The Effects of Sexual Harassmentp. 267
Sexual Harassment Under Federal Lawp. 270
State Lawsp. 272
Other Forms of Illegal Harassmentp. 272
Taking Steps to End Sexual Harassmentp. 273
Where to Get More Informationp. 275
9Losing or Leaving a Jobp. 277
The Doctrine of Employment At Willp. 278
When a Firing May Be Illegalp. 279
Employees' Rightsp. 288
Finding Out Why You Were Firedp. 289
Getting Documentationp. 291
Waiving Your Right to Suep. 296
Taking Action Against Your Dismissalp. 297
Plant Closingsp. 297
10After a Job Lossp. 319
Your Final Paycheckp. 320
Severance Payp. 320
Getting Referencesp. 322
Collecting Fringe Benefitsp. 323
Outplacement Programsp. 324
Replacing Your Incomep. 326
Agreements Not to Competep. 328
Blacklistingp. 330
11Unemploymentp. 339
Who Is Coveredp. 340
Being Disqualified for Benefitsp. 340
Calculating Your Benefitsp. 343
Filing a Claimp. 344
Appealing Benefit Decisionsp. 348
12Workers' Compensationp. 351
Who Is Coveredp. 353
Conditions Coveredp. 354
The Right to Medical Carep. 357
Filing a Workers' Compensation Claimp. 357
Calculating Benefitsp. 358
Related Lawsuits for Work Injuriesp. 360
13Social Security Disability Insurancep. 361
Who Is Coveredp. 363
Disabilities Coveredp. 364
Filing a Social Security Claimp. 366
Appealing a Denied Claimp. 370
Collecting Other Benefitsp. 371
14Retirement Plansp. 373
Social Security Retirement Benefitsp. 374
Private Pensionsp. 376
401 (k) Deferred Compensation Plansp. 382
15Labor Unionsp. 385
Federal Lawsp. 387
State Right-to-Work Lawsp. 389
The Bargaining Unitp. 390
Types of Union Work Situationsp. 390
Union Electionsp. 391
The Right to Unionizep. 391
Where to Get More Helpp. 392
16Immigration Issuesp. 395
Federal Lawp. 396
Documentation Required to Work in the United Statesp. 396
Illegal Discriminationp. 398
English-Only Rulesp. 399
17Lawyers and Legal Researchp. 401
Mediation and Arbitrationp. 402
Small Claims Courtp. 403
Class Action Lawsuitsp. 404
Hiring a Lawyerp. 404
Legal Researchp. 409
Appendix
Resourcesp. 417
Advocacy, Generallyp. 418
AIDS-HIVp. 418
Civil Rightsp. 419
Disabled Workersp. 419
Discriminationp. 420
State Agencies That Enforce Laws Prohibiting Discrimination in Employmentp. 421
Gay and Lesbianp. 425
Immigrationp. 426
Labor Departmentsp. 426
State Labor Departmentsp. 426
Legal Referralsp. 431
Mediation and Arbitrationp. 431
Older Workersp. 431
Retirement Plans and Pensionsp. 431
Safety and Health Issuesp. 432
Unionsp. 433
Women's Issuesp. 433
Work/Life Issuesp. 434
Indexp. 437
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