Know Your Rights

Is your workplace hazardous?

You Can Report! Check It Out

You can file an OSHA report and request to remain anonymous.

An OHSA official may then inspect the workplace to ensure the law is being followed.

You can file a complaint at https://www.osha.gov/workers/file_complaint.html

Ask your employer to fix the issue first, but then consider filing a complaint.

But, but, but . . . !

What If?

My friend is over 18!

The movie ran longer than midnight!

The coffee shop/restaurant hasn't closed yet!

I'm bored!

I'm not doing anything bad, promise!

None of these are valid reasons to stay out past curfew in Tulsa.

Acceptable Exceptions to Curfew

Exceptions

In other words:

With parents?

Sent to the grocery store?

At Church?

At Work?

Volunteering?

These are likely OK.

A.It is a defense to prosecution under Section 2803 that the juvenile was at the time in question:

1.Accompanied by the juvenile's parent or responsible adult

2.On an errand at the direction of the juvenile's parent or responsible adult, without any detour or stop

3.In a motor vehicle involved in interstate travel

4.Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop

5.Involved in an emergency

6.On the sidewalk abutting the juvenile's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the juveniles presence

7.Attending, going to or returning home, without any detour or stop, from an official school, religious or other recreational activity supervised by adults or an event sponsored by the City of Tulsa, a civic organization or another similar entity that takes responsibility for the juvenile

8.Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly or other rights protected by the United States or the Oklahoma Constitution; or

9.Married or had been married or had disabilities of minority removed in accordance with state law.

Source: Tulsa, Okla., code ordinances tit. 27, § 2804(a).

About getting paid:

Myths and Reality: Wages

MYTH: I can't work if I don't have my own bank account.

FACT: You don't need a bank account in order to have a job. You can cash a paycheck at Wal-Mart or many grocery stores for a fee.

MYTH: My parents can take everything I earn from my job if they want to.

FACT: If you are under 18, this is probably true. However, those who are emancipated or over 18 do not have to turn over earnings to their parents. Minors become adults by operation of law at 18. This means you receive adult rights on your 18th birthday.

Employee Types Not Included

Exceptions

(1) a worker on a farm; a worker on a ranch; a worker with animals on a farm or ranch; or a

mechanic on a farm or ranch;

(2) a maid;

(3) a federal government worker;

(4) someone who volunteers for a charity, church, or nonprofit club;

(5) a newspaper vendor or carrier;

(6) a railroad worker;

(7) any worker who is already being paid the federal minimum wage or more;

(8) executives; someone in an administrative job; professionals; or an “outside” salesman;

(9) anyone who works less than 25 hours per week in a temporary position;

(10) anyone younger than 18 who has not graduated from school, and anyone younger than 22 who is in school;

(11) anyone who works in a feed store; or

(12) a reserve deputy sheriff.

Source: 40 Okl. St. § 197.4

Training Laws in Oklahoma

• An employer cannot charge an employee for training that is required prior to employment or concurrent with job duties.
• Employers must pay at least minimum wage for this time.

Training

Source: Oklahoma Department of Labor

Additional Information

Additional Info

• Some employers incorrectly classify employees as "independent contractors" when they are actually regular employees under the Federal Labor Standards Act.
• If you can't tell, you can file Form SS-8 to request a determination from the IRS.
• Employee's minimum wage and overtime are protected under the FLSA and independent contractors are not.
• Some full-time students, student learners, and apprentices may also be paid less than the minimum wage.

Source: LaborLawCenter.com, Oklahoma Department of Labor

Exempt Jobs to Overtime Laws

• Most non-salaried position must be paid at least minimum wage except:
• sales positions or positions taking orders outside the main workplace,
• artists,
• and some administrative positions

Exempt Jobs

Source: minimum-wage.org

Additional Info

• If an employer provides meals or lodging with association to the employees duties, then the employer can deduct expenses out of the employee's wages.
• If they are not deducted then they can be considered wages

Additional Info

• As of May 2019, the state of Oklahoma was ranked 43rd in gender pay inequality with women making 77 cents on the dollar compared to men.
• Oklahoma has an annual Equal Pay Day to raise awareness that on average nationally, woman make about 20 percent less than their male counterparts in the same jobs.

Source: tulsaworld.com, theoklahoman.com

Hours 14-15 Yr Olds Can Work

14-15 Yr Olds

14-15 yr olds are subjected to the following restrictions:

• no more than 3 hours on a school day , including Fridays;

• no more than 8 hours on a non school day;

• no more than 18 hours during a week when school is in session;

• no more than 40 hours during a week when school is not in session;

• between 7 a.m. and 7 p.m.—except between June 1 and Labor day when the evening hour is extended to 9 p.m.

Source: United States Department of Labor, 40 Okl. St. § 75

16-17 Yr Old Hours

• There are no federal/Oklahoma state laws restricting hours worked by 16-17 year olds.

16-17 Yr Olds

Damages if Employer Does Not Pay Unpaid Wages

Damages

• You may be entitled to damages if your employer refuses to pay money owed to you.
• If you believe you are owed money, you should seek legal advice

Source: 40 Okl. St. § 165.3

Additional Termination Info

Additional Info

• Employers do not have to provide notice and terminations may be effective immediately. Employers are obligated to pay for time already worked.
• A two-week notice is merely a courtesy.

Source: Oklahoma Department of Labor

Title VII of the Civil Rights Act of 1964

Title VII

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating “against someone (applicant or employee) because of that person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.”

Title VII applies only to employers with 15 or more employees. This means that small business owners are exempt from its coverage and can discriminate without violating federal law.

Immigration and Naturalization Act

INA

The Immigration and Naturalization Act applies to employers with 4 to 14 employees and provides protections to immigrants based on citizenship status.

Title VII protects immigrants for employers with 15 or more employees.

Major Life Activities

Americans with

Disabilities Act

“Major life activities” include “performing manual tasks, walking, seeking, hearing, speaking, breathing, learning, thinking, concentrating, reading, bending, and communicating . . . [as well as] functions of the immune system, special sense organs and skin; normal cell growth; and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions; or the operation of an individual organ within a body system.”

ADA

What

• Who qualifies as having a disability?
• A person has a disability if they have “a physical or mental impairment that substantially limits one or more major life activities (actual disability).”
• With the exception of glasses or contacts, the beneficial effects of mitigating measures (e.g. a prosthetic leg) are not considered when determining whether a condition limits a major life activity.
• If a condition is episodic, meaning it only affects the person some of the time, the question is whether it impairs a major life activity while active.
• A condition may qualify as a disability even if it lasts less than 6 months.
• A person has a “record of a disability” if they have “a history of a disability (such as cancer that is in remission).”
• A person is regarded as having a disability and protected by the ADA when “the employer perceives the impairment to be substantially limiting.”

Minor, non-chronic conditions are not typically covered by the ADA.

E.g. broken leg, infection, sprained elbow

Disability

Nondiscrimination Protections

& Job Applications

Employers must provide a reasonable accommodation to allow people with disabilities to apply for jobs.

This may include:

• Modifying tests (such as providing adaptive equipment that reads out questions or giving extra time)
• Allowing an applicant to dictate answers rather than write them.

Job Applications

National Origin & Citizenship

Generally, employers are prohibited from asking questions about an applicant's membership or status within a protected group (race, sex, etc.). For more information on this limitation, see the section on interviews.

An employer may include a separate, detachable sheet on which they ask for demographic information. This sheet must be optional and cannot be considered when reviewing applicants.

Employers may not advertise or restrict job applications/hiring to only US citizens unless permitted by law. While there are some jobs that are restricted to US citizens only, the vast majority of jobs cannot discriminate on the basis of national origin or citizenship status.

These protections apply only to non-citizens with the right to work in the US (e.g. green card holders, asylum seekers with work permits, and DACAmented people).

Note: An employer is not required to provide an accommodation when the task is necessary for the job (e.g. if answering questions quickly is a necessary skill for the job, the employer can require applicants to answer questions within a short time period.

Job Interviews

Interviews

Generally, employers are prohibited from asking questions about an applicant's membership or status within a protected group (race, sex, etc.). For examples of prohibited questions or comments, see the subsections for each protected group.

Post Job Offer Practices

After making a job offer, generally, employers may not make any of the inquiries that are prohibited during the hiring process. However, there are three important exceptions related to disabilities and citizenship status.

After Receiving a Job Offer

3. An employer may require a new hire to verify their right to work in the US by having the employee fill out an I-9 form.

The employer cannot require documentation to prove citizenship or right to work beyond what is required by the I-9.

1. An employer may require someone to undergo a medical exam only if they require all new hires to undergo a medical exam. In other words, they cannot require only people with disabilities to get medical exams.

2. An employer may ask a new hire with a disability job-related questions that are necessary for the employer to conduct business. This may include questions about needed accommodations.

Sex

National Origin

Discrimination

• Requiring women to wear heels and makeup.
• Only promoting members of one sex.
• Paying differently for equal work because of sex.

• Requiring employees only to speak English unless necessary to ensure efficient operation of the business.
• Refusing to put people with accents in customer service positions.

Sexual Orientation or Gender Identity

Title VII, the ADA, and the INA all prevent discrimination on the job. They apply to job referrals, job assignments and promotions, pay and benefits, discipline and discharge (getting fired or laid off), employment references, training, approving vacation or time off, granting breaks, and the terms and conditions of employment.

Examples of different types of discrimination are in the bubbles.

Discrimination may also occur when an employer institutes a uniform policy that disproportionately affects members of a protected group and is not necessary for workplace safety or business operation.

Discrimination

• Firing someone for transitioning.
• Refusing to provide spousal benefits for same-sex spouses.
• Persistent misgendering.

Religion

Race/Color

• Refusing to assign a woman who wears a hijab to a customer service position to avoid upsetting customers.
• Banning head-coverings unless for a legitimate workplace safety need.

• Refusing to promote a qualified employee because of a concern that others would not respond well to a black supervisor.
• A "No Wigs" policy that is unnecessary for workplace safety or productiveness.

Harassment

Harassment may come from a supervisor, co-worker, or non-employee.

What is not harassment?

“Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality.”

Harassment is a type of employment discrimination.

What is harassment?

• “Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.”

Harassment

Harassment violates Title VII and the Age Discrimination in Employment Act when:

• "Enduring the offensive conduct becomes a condition of continued employment; OR
• The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.”

An employer firing, demoting, cutting hours, etc. because of a protected ground will almost always qualify as harassment

Examples of Workplace Harassment

• A customer who comes in regularly often calls employees racial and gender-based slurs and the management does not address it.
• A co-worker regularly discusses their “sexual conquests,” aggressively hits on customers, and makes inappropriate comments about your clothing choices. Management has told them it makes people uncomfortable but has taken no further action and the co-worker continues to make such comments.
• A supervisor grabs an employee’s butt and encourages them to wear tighter clothing.

When harassment rises to the level of discrimination

A person affected by harassment of a third person is protected by Title VII.

Filing a Complaint

EEO Officers:

EEO officers are employees of companies responsible for enforcing nondiscrimination law.

If your employer has one, it should post a number at which to contact them in a public place.

Filing a Complaint

What to do if you believe you have been discriminated against because of a protected ground:

• Always report discrimination to management, or, if the problem is with management, someone else in the company (there may be a designated call line or person).
• If management fails to act or it would be unsafe to approach management, you can contact the Equal Employment Opportunity Commission.
• Filing an EEOC complaint (Note, there are strict time limits on when each step must occur):
• Within 45 days of the discriminatory action, contact the EEO Counselor responsible for the employer.
• The employer should have the contact information for the EEO Counselor posted.
• The EEO will evaluate the claim and pursue an informal remedy like talking to the employer or a more formal process like counseling with the employer or a hearing.
• If that process does not resolve in a way that is acceptable to you, you can then file a formal complaint against the employer with the EEOC.
• If you have experienced multiple forms of discrimination, you must file a complaint on all of them at the same time.
• Depending on the outcome of the formal complaint, you may have the option to file a lawsuit in federal court.

For more information or to file a formal complaint: https://www.eeoc.gov/employees/charge.cfm

Retaliation

Retaliation

(When your employer punishes you for filing a complaint)

• Title VII protects individuals from harassment for filing a discrimination complaint or participating in a discrimination investigation.
• An employer cannot punish an employee for participating in an investigation of another person’s discrimination case.
• An employer cannot fire an employee for requesting an accommodation or for asking about co-workers’ salaries to discover potential wage discrimination.
• Retaliation includes an employer firing, demoting, reprimanding, reassigning, threatening, or physically abusing an employee. It also includes making their work more difficult, sabotaging their work, reporting their immigration status to authorities, etc.