Know Your Rights

On The Job

While you have many legal rights, they don't automatically protect you. You must enforce those rights, and the only meaningful way to do that is through your labor union. When you join a union, you join together with those who are in a similar situation as you are. Together as a union we have the wisdom and economic strength to enforce all of these laws. Some of the basic rights we take for granted were hard fought battles that were won at great sacrifice by men and women of the union labor movement. The eight hour day is one example! Do you think that employers gave this to the workers or that it has always been there? Prior to the Unions a worker worked however long and as many days as the employer saw fit. There were no laws to give people a week end off or work that lasted only eight hours and not 12 or 15 hours. It is because of the unions that you have an eight hour day and week ends off. We have only recently in the state of California kick a party out of office that was primarily supported by Corporate America. They felt like the eight hour day was a bad thing for them. Corporate America got the law changed in California eliminating the eight hour work day. Union labor elected a governor, Gray Davis, who represents the working people of the state. One of the first things Gray Davis did as governor was restore the eight hour work day in California.

Don't take your rights as a worker for granted! Corporate America has an agenda to divide us as workers. Join our ranks now and stand with us in this fight. If you are a non-union electrician, then you are part of Corporate America's agenda. They didn't give you one right as a worker, we did!

More than 3 decades ago Labor Unions fought for, in Congress, and won the battle of eliminating discrimination in the workplace. Labor Unions have since strengthened this base with additional federal statutes.

Some of the issues that Labor Unions have fought for and won are:

Civil Rights
In 1964, Congress passed Title VII of the Federal Statutory Restrictions of the Civil Rights Act. This law prohibits an employer with 15 or more employees from discriminating against employees because of their race, color, religion, sex, or national origin. Penalties range from reinstating the employee's job and lost wages to civil fines, punitive damages, and payment of attorney fees.

Age
The Age Discrimination in Employment Act of 1967 prohibits employers from terminating employees 40 years of age or older strictly because of age. But an employer may terminate someone over 40 for reasons unrelated to age or if he can show that age legitimately affects job performance. So requiring airline pilots to retire at age 60 is permitted because health risks associated with aging could impair their performance. Clearing the cockpit of workers who may have major medical problems, slowed reflexes, or diminished eyesight helps ensure public safety.

Pregnancy.
The Pregnancy Discrimination Act of 1978 protects women affected by pregnancy, childbirth, or a related medical condition. A woman must be evaluated the same as other applicants and employees—strictly on her ability to work. If she's medically able to work, she can't be fired, refused a job or promotion, or forced to take a leave because she's pregnant. And if she can't work because of pregnancy, she's entitled to take disability leave, then return to her job when she's able to resume working.

Disabilities
In 1990, Congress passed the Americans with Disabilities Act (ADA). This act bars discrimination against disabled people in areas of employment, travel, and access to private services, such as restaurants and shopping malls. Rather than simply asking employers to overlook a disability, the ADA compels employers to give the disabled special consideration.

Giving a disabled person special consideration doesn't mean an employer must hire a candidate because she has a disability. However, if she's the most qualified candidate, he must hire her and accommodate the workplace for her disability. For example, if she uses a wheelchair, he must remove obstacles from the area to allow her to move about freely. If the employer hires someone other than the disabled candidate and she challenges his decision, he may need to justify his action to the Civil Rights Commission.

Other issues Labor Unions have fought for and won for workers:

Overtime Pay
In California an employer must pay 11/2 times an employees regular wage rate whenever an employee works more than 8 hours in a day. If a worker is paid $10.00 an hour and works a10-hour shift, then he is entitled, under law, to 8 hours pay at the regular rate of pay, plus 2 hours pay at 11/2 times the regular rate of pay.

For example:
8 x $10.00 = $80.00 2 x $15.00 = $30.00 $80.00 + $30.00 = $110.00 pay for a 10 hour shift.

Keep careful records of the wages paid to you. Save copies of all check stubs, time records and receipts.

Prevailing Wage
The prevailing wage is the legally established hourly wage set by the government for each of the different craft and trade classifications that may be used on the public works project. A public works project generally are construction projects that are funded by public money. These are your tax dollars! Most schools, colleges, government offices, hospitals, public housing, transportation facilities and street or highway projects are public works.

Each job classification has an established wage rate and may have an established benefit package. Your employer must pay no less than the specific wage rate that has been established for your job. To pay a lower wage rate you must be hired as an apprentice. Under Prevailing Wage Laws, you are not an apprentice unless you are enrolled in a federal certified apprenticeship training program.

If you feel you have been paid incorrectly for your overtime work or have been incorrectly classified as an apprentice on a Prevailing Wage project, go to the Main Menu Buttons and Click on Forms, fill out the appropriate form and then email or contact our IBEW office at 919-927-4239. We will assist you in claiming any amount owed to you as a result of a violation of these laws.