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RITEI Workers' Rights Guide
Understanding Employment Rights for Tech Roles and Beyond
At a glance
All workers should generally have access to the same rights, regardless of race, religion, gender, age, and/or disability or whether they are an immigrant or a U.S. citizen. This Guide was created in partnership with the AFL-CIO Working for America Institute, funded by the DOL and focused on creating access to technology careers for individuals without education or experience in the field. Each section includes examples of a common myth associated with the topic and linked resources that can be referenced for additional details related to individual situations.
The AFL-CIO Working for America Institute (WAI) has served as the AFL-CIO national workforce intermediary for over 50 years. The WAI brings together unions, employers, joint labor-management partnerships, workforce intermediaries, the workforce system, and community organizations to develop high quality, worker-centered training and Registered Apprenticeship programs and high-quality, family-sustaining jobs.
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Why use this guide?
This guide is designed to help IT workers understand which rights apply to them in the workplace. This guide provides an overview of the following key areas:
- Employment classification and rights
- Minimum wage and overtime
- Safe and healthy working conditions
- Protection against discrimination and harassment
- Right to organize a union and engage in collective bargaining
Disclaimer: The information provided is for general informational purposes only and should not be construed as legal advice. The content summarizes workplace rights, but it may not be comprehensive or reflect the most current legal developments. Laws and regulations may vary by location, and individual circumstances may affect the applicability of the information provided.
Federal, state, and local laws: As described in this guide, there are differences between federal, state, and local labor laws, and appropriate links are included. In summary, federal law sets nationwide baselines, while state and local laws often go further in extending additional rights, protections, and benefits to workers.
Table of Contents
Employment Classification and Rights
Understanding employment rights can feel overwhelming and confusing. This section provides essential information on worker classification and misclassification as a first step in determining which rights apply to IT workers in various situations.
Workers have the right to work in an environment free from discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and/or gender identity), national origin, age (40 or older), disability, and/or genetic information. Employers cannot legally make decisions about hiring, firing, promotions, or other terms and conditions of employment based on these protected characteristics.
Minimum Wage and Overtime
Under wage laws like the Fair Labor Standards Act (FLSA), most workers have the right to receive minimum wage and overtime when they work more than 40 hours in one week. There are many exclusions included in laws such as the FLSA that explain how rights might be applicable to different workers, depending on their job duties, classification, and where they are working.
This section explores the types of wages required to be paid and how to determine eligibility for overtime. Employees who are overtime-eligible (“nonexempt”) may receive overtime, while those who are “exempt” may not.
Workplace Safety
The U.S. DOL administers various health and safety protections for all workers, including IT workers, primarily through the Occupational Safety and Health Administration (OSHA).
Fair Treatment
Workers have the right to work in an environment free from discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and/or gender identity), national origin, age (40 or older), disability, and/or genetic information. Employers cannot legally make decisions about hiring, firing, promotions, pay, or other terms and conditions of employment based on these protected characteristics.
The federal Civil Rights Act, state civil rights laws, and other laws provide a range of protections.
Right to Organize and Collectively Bargain
Federal law protects workers’ right to act together with other workers to address conditions at work, with or without a union. Employees covered by the National Labor Relations Act (NLRA) have the right to form, join, and/or assist a labor organization for collective bargaining purposes or collaborate with coworkers to improve terms and conditions of employment. This protection extends to certain work-related conversations conducted on the internet.
All workers should generally have access to the same rights, regardless of race, religion, gender, age, and/or disability or whether they are an immigrant or a U.S. citizen.
Some examples that illustrate how different levels of government set laws include:
- Wages: Federal law sets a national minimum wage that all states must meet or exceed. Many states and localities have higher minimum wages.
- Sick leave: Some states and cities mandate paid sick leave and other benefits employers must provide. Requirements vary.
- Workplace safety: Federal OSHA standards set workplace safety requirements. States may enact stricter rules.
- Anti-discrimination: Federal law prohibits discrimination and harassment. Many states and cities have additional protections.
This workforce product was funded by a grant awarded by the U.S. Department of Labor (DOL)’s Employment and Training Administration (ETA). The product was created by the recipient and does not necessarily reflect the official position of DOL/ETA. DOL/ETA makes no guarantees, warranties, or assurances of any kind, express or implied, with respect to such information, including any information on linked sites and including, but not limited to, accuracy of the information or its completeness, timeliness, usefulness, adequacy, continued availability, or ownership. This product is copyrighted by the institution that created it.