Employee Rights and Employer Wrongs - US Edition
Contents:
If so, is it because of your race, sex, age, disability, national origin or religion? Wondering what other kinds of discrimination are illegal? Get the facts on workplace discrimination here. Whether you're being pressured to have sex with your boss, forced to listen to foul language or slurs, or wondering whether the comment you made might get you in trouble, you'll find this information on harassment and other problems you might encounter on the job to be helpful. Not getting paid what your employer owes you?
- U.S. Employee Rights & Employer Wrongs - Potential to Soar.
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- Realizations: My Experiments in Daily Living.
- WOMENS SUPERSAFETY-NIRBHAY & MORE (WOMENS SUPERSAFETY-NIRBHAY-2012).
- Il bacio duna morta (Italian Edition).
Are you forced to work overtime, but not receiving any extra pay? Get the facts on "wage and hour" laws here.
Your Rights
For most employees, your job isn't just about the pay, but also what benefits are included. Get information about health care coverage, pensions, leave eligibility and other benefit-related information here. Is somebody watching you? It just might be your employer. Find out here what rights to privacy in the workplace you do and do not have. Is your workplace unsafe? Are you worried about getting hurt at work?
Wondering what to do about it? Have questions about the workers' compensation system?
Your Rights - Workplace Fairness
Find the answers here. Fighting back when you see your employer doing something wrong can be scary, and risky. But there are laws that can protect you in a number of situations. Certain work experience and volunteering activities can be legitimately unpaid because of an exemption within the NMW legislation for 'voluntary workers' so that someone who is a worker and employed by a charity, a voluntary organisation, an associated fund-raising body or statutory body will not be entitled to the NMW as long as he or she receives no monetary payments except in respect of expenses actually or reasonably estimated as likely to be incurred and no benefits in kind other than the provision of such subsistence or of such accommodation as is reasonable in the circumstances.
With work experience opportunities under the spotlight as part of the recent Work Experience Week , we consider in this briefing the employment status and rights of interns, and the implications for organisations taking them on. Are you worried about getting hurt at work? Workers are covered by the Equality Act EqA which protects them from discrimination, harassment and victimisation in the workplace. It helped me stand up for myself and keep my job. Certain work experience and volunteering activities can be legitimately unpaid because of an exemption within the NMW legislation for 'voluntary workers' so that someone who is a worker and employed by a charity, a voluntary organisation, an associated fund-raising body or statutory body will not be entitled to the NMW as long as he or she receives no monetary payments except in respect of expenses actually or reasonably estimated as likely to be incurred and no benefits in kind other than the provision of such subsistence or of such accommodation as is reasonable in the circumstances. Managing The Staff Christmas Party.
Other important exemptions are students working as a required part of a UK-based further or higher education course if their placement does not exceed one year and individuals undertaking work experience who are of compulsory school age. However, if an individual is not a genuine volunteer and is not exempt, then he or she must be paid the NMW. Failure to do so could result in costly enforcement action being taken against the employer, along with the possibility of unwelcome and damaging publicity. Workers are covered by the Equality Act EqA which protects them from discrimination, harassment and victimisation in the workplace.
The Court held that an unpaid volunteer adviser for the Citizens Advice Bureau was not covered by the Disability Discrimination Act the relevant legislation in force at the time as she was not in 'employment'. Although the decision concerned the old disability discrimination law, the Court's conclusions apply equally under the EqA One of the Supreme Court judges, Lord Mance, did, however, specifically envisage that interns may be entitled to wider protection other than as service users under article 3 1 b of the Equal Treatment Framework Directive which provides for equal treatment in accessing vocational training including practical work experience, although this has yet to be tested in the courts.
There is also an argument that interns may be protected by the EqA as service users of employment service-providers. Employment service includes the provision of 'vocational training' which could include training for employment or work experience. Given the uncertainty over interns' status, prudent employers should make sure that interns are protected from work-related discrimination, harassment and victimisation and have in place clear policies and procedures for dealing with any complaints.
The WTR include the right to receive 28 days' holiday per year including bank holidays pro-rated as appropriate for part-time workers. Again, employers should aim to comply with the WTR as far as possible in respect of interns, particularly where they may have acquired worker status. In particular, employers should monitor and record all hours worked by interns, and also ask for details of any work done for any other employer. Employers should ensure that interns take regular rest breaks. Employers should aim to properly categorise their interns as either volunteers or workers, depending on the nature of their role, from the outset of the relationship.
As set out above, the status of an intern is not clear cut and the label is unlikely to be determinative. It will therefore be important to make sure that regardless of how an intern is categorised, he or she is treated with the same duty of care as an employee.
U.S. Employee Rights & Employer Wrongs
As set out above, employers should comply, as far as possible, with the requirements of the EqA and the WTR. However, employers also face financial risks, as well as the possibility of criminal sanctions. HMRC will also shortly be carrying out targeted checks in sectors where internships are commonplace.
Employers should be aware that the government has discouraged the use of full-time unpaid internships and is urging employers to pay interns irrespective of whether they qualify for the NMW.
This will not always be appropriate although CIPD guidance in this area suggests that there is a strong case for paying interns a bursary or salary due to the contribution they make and that as a bare minimum, employers should cover any work-related expenses incurred by their interns. There is no legal obligation on employers to have an internship agreement but they are useful for the purpose of clarifying the intentions and expectations of both parties, particularly if it is intended that the intern will have volunteer, rather than worker status.
Internship agreements are generally short, informal in style and phrased in terms of reasonable expectations rather than obligations and may include information about the role, induction and training, learning objectives, supervision and support, expenses, insurance, and health and safety. Where employers intend to categorise their interns as volunteers, it would also be helpful to include a short statement to evidence the parties' intention that the agreement is neither legally binding nor gives rise to an employment relationship.
Employers should be aware that the tribunals can always look behind any formal arrangements to determine the true relationship between the parties and, as set out above, the label attached to such arrangements is not always determinative.
BIS has recently announced the launch of guidance which will offer interns information and support about their pay rights through videos and posters which will be available online and through social media. The guidance has been produced in collaboration with 4Talent, Channel 4's in-house scheme. David Cameron has announced his backing for the campaign although neither he nor the Deputy Prime Minister, Nick Clegg, believe that the advertising of unpaid internships should be banned. It was recently reported that Mr Clegg had rejected a request by several large recruitment agencies, including Monster and Total Jobs, for the introduction of legislation prohibiting the advertising of unpaid internships because of concerns that this would create a 'black market' in internships.
Prior to this, the Internships Advertising and Regulation Bill was introduced to Parliament last year on 6 December but failed to complete its passage through Parliament before the end of the session. The main aims of the Bill were to prohibit the advertising of long-term unpaid internships and to regulate conditions of employment for paid internships and it was expected that the Bill would go some way to address uncertainties in this area.
The recent introduction of 'traineeships' which are aimed at supporting young people to get 'work-ready' may prove an attractive option for employers as an alternative to internships. They have initially been introduced for 16 to 23 year olds and young people with learning difficulty assessments up to academic age Traineeships fall under the specific exemption to the NMW legislation for young people undertaking education and training. Over the other side of the Atlantic, there is also growing support for the recognition of interns' legal rights.
For example, on 15 October , New York state legislators introduced a bill designed to extend the protections of the state anti-discrimination laws to interns. The proposed legislation would make it illegal to discriminate against or harass interns on the basis of factors including gender, race, age, sexual orientation, disability, marital status, military status, and other factors. The content of this article is intended to provide a general guide to the subject matter.
Specialist advice should be sought about your specific circumstances. The guidance has been produced in collaboration with 4Talent, Channel 4's in-house scheme internships and apprenticeships for young people looking for a career in the creative industries. Do you have a Question or Comment?