If you have worked or are currently working as an employee, then you need to be aware of your rights. Most employment relationship in Arizona are at-will, meaning the employer can dismiss you at any time. Other employment relationships are based on a contract. Whether you are an at-will employee or you are a contact employee, you still have certain rights granted by federal and state law. Here is a list of right you should be aware of as an employee.
Employee Right #1
Right to minimum wage – The Fair Labor Standards Act and the Arizona Minimum Wage law require that an employee be paid at least minimum wage with few exceptions. Minimum wage in Arizona is $7.90/hour.
Employee Right #2
Right to overtime – While Arizona law does not address overtime, the Fair Labor Standards Act does. An employer must pay overtime to its employees if it is subject to the Fair Labor Standards Act.
Employee Right #3
Right to work without being discriminated against or harassed – Federal law Title VII says that a person cannot be discriminated against based on race, color, gender, religion, national origin. This includes protections against sexual harassment.
Employee Right #4
Right to file a claim against your employer – An employee cannot be fired or demoted for filing a discrimination or similar type claim against their employer. This is known as retaliation and is not tolerated.
Employee Right #5
Right to health and safety in the workplace – Your employer must keep a safe working environment for it employees. Employees do not have to subject themselves to unsafe work conditions.
Employee Right #6
Right to privacy – The employer must have a reasonable and legitimate business reason for invading certain privacy rights of an employee. Most often, intrusions of privacy must be outlined in the employee handbook or in the employee contract and acknowledged by the employee.
Employee Right #7
Right to earn a living – An employer cannot require an employee to sign a non-compete or non-solicitation agreement that is unreasonable in length or duration. To determine whether a length of time is reasonable, the courts often look to whether the non-compete is equal to the length of time it would take the employer to train a new employee and establish relationships with those customers.
Employee Right #8
Right to medical leave – If the employer meets the threshold as described in the Family Medical Leave Act, then they must allow you to have up to 12 weeks in each year for medical leave for qualifying reasons. This can be for your own medical reasons, or because of the medical needs of a spouse or child that needs your attention.
Employee Right #9
Right to accommodations for disabilities – If the employer meets the threshold as described in the American with Disabilities Act, then the employer must make reasonable accommodations for individuals with disabilities, and an employer cannot consider the employee’s disability in hiring or firing.
Employee Right #10
Right to engage in concerted activity – You have the right to join or not to join a labor union in Arizona. You also have the right to voice truthful concerns about an employer’s activities with other employees without retaliation from your employer.
This is an overview of Employee rights and is not all inclusive. If you have any questions or you feel one of your rights has been violated, then please contact the Employment Law team at Udall Shumway PLC.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding You Have Rights as an Employee, or any other personal injury, please feel free to contact Employment Law Attorney Brad Gardner at 480.461.5323, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.