Legal Rights of Union Members - Key Federal and State Employment Laws

Key Federal and State Employment Laws

Both union and non-union employees have certain rights and protections based on a variety of employment laws that have been enacted in the last 40 years. Labor unions have played a key role in the passage of all of the following laws:

Family Medical Leave Act (FMLA)

This federal law guarantees employees the right to take up to 12 weeks of unpaid leave for the birth/adoption of a child, a serious illness of the employee, or a serious illness of an immediate family member. The unpaid leave can be “intermittent.” All businesses in the private sector, public agencies and all public sector employers with 50 or more employees are covered by the law.

New Jersey Family Leave Act

This law is New Jersey’s version of the FMLA. It provides 12 weeks of protected, unpaid leave for the birth/adoption of a child or for the serious illness of a family member. It does not cover the illness of the employee himself or herself. In some cases, an employee can take an FMLA leave and then a leave under this law.

New Jersey Ban on Mandatory Overtime for Health Care Providers

This law bans the use of mandatory overtime in hospitals and long-term care facilities except in “unforeseeable, emergent situation.” Health care providers with direct patient care responsibilities are included in the law. Violations will result in fines to the employer. If you’re unjustly mandated, contact your union rep. HPAE was instrumental in the passage of this law.

Occupational Safety and Health Act (OSHA)

Enacted in 1970, this federal law requires employers to provide employees with safe and healthful working conditions. All private sector employers are covered. Public employees are covered by state laws. (e.g. in NJ, PEOSH). Individual employees or the Union may file a complaint with OSHA.

Workers’ Compensation

Each state has their own laws regarding compensation of workers for work-related injuries and illnesses. These laws provide for monetary payments and medical treatment to workers. If you’re injured at work, immediately report the injury to your employer and complete the necessary paper work. HPAE can provide you with referrals for attorneys specializing in workers compensation cases.

Fair Labor Standards Act (FLSA)

Originally enacted in 1938 (but subsequently amended), this federal law establishes a minimum hourly wage, premium pay for overtime work (except for “exempt” employees), equal pay for men and women, and rules for child labor.

Americans with Disabilities Act (ADA)

Enacted in 1990, this federal law prevents discrimination against qualified persons with disabilities. The law requires employers to make “reasonable accommodations”: for employees with disabilities. Private and public employers with more than 15 employees are covered.

Age Discrimination in Employment Act (ADEA)

Enacted in 1967, this federal law makes it illegal for workers 40 years of age and older to be discriminated against. Private sector employers with 20 or more employees, public agencies, employment agencies, and unions are covered by this law.

Title VII of the Civil Rights Act of 1964

Enacted in 1964, the purpose of this federal law is to prevent employment discrimination on the basis of race, color, gender, nationality, or religion. Coverage includes private sector employers with 15 or more employees, public agencies, employment agencies, and unions with 25 or more members. (Please note: New Jersey has its own law prohibiting employment discrimination.)

Unemployment Compensation

Each state provides for compensation of employees who are laid off or who terminate their employment on a non-voluntary basis.