Unsafe Conditions/Workplace Health & Safety

"My workplace is dangerous or unsafe."

The Occupational Safety and Health Administration defines the general duty of workplace safety as:

"Employers...must provide their employees with work and a workplace free from recognized, serious hazards."

Employer Responsibilities | Occupational Safety and Health Administration 

Examples: 

• Broken or unsafe equipment

• No safety training or PPE

• Exposure to chemicals

• No heat/AC in extreme temperatures

Unemployment Problems

"I'm having issues with unemployment benefits."

The Minnesota Unemployment Insurance (UI) Program provides a temporary partial wage replacement to Minnesota workers who become unemployed through no fault of their own.

If you've become unemployed or had your hours greatly reduced, you should:

• Complete the Application Process - let us determine whether or not you are eligible.

• Read the Information Handbook.

• Look for letters in the mail about your benefit amount and how to request benefit payment.

• Request a benefit payment every week, even if your eligibility is being determined.

• Respond to all requests for information completely, honestly and in a timely manner.

Applicant Information: Information Handbook Introduction / Applicants - Unemployment Insurance Minnesota 

Applicant Portal: Minnesota Unemployment Insurance / Unemployment Insurance Minnesota 

Discrimination, Harassment, or Retaliation

"I'm being mistreated at work."

Discrimination is treating a person differently, or less favorably, for some reason. 

The EEOC is responsible for protecting you from one type of discrimination - employment discrimination because of your race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information. Other laws may protect you from other types of discrimination, such as discrimination at school.

What is Employment Discrimination? | U.S. Equal Employment Opportunity Commission 

The laws enforced by EEOC protect you from employment discrimination when it involves:

• Unfair treatment because of your race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information.

• Harassment by managers, co-workers, or others in your workplace, because of your race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information.

• Denial of a reasonable workplace change that you need because of your religious beliefs or disability.

• Improper questions about or disclosure of your genetic information or medical information.

• Retaliation because you complained about job discrimination or assisted with a job discrimination proceeding, such as an investigation or lawsuit.

Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, transgender status, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history). 

Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. 

Harassment | U.S. Equal Employment Opportunity Commission 

Harassment can occur in a variety of circumstances, including, but not limited to, the following:

• The harasser can be the victim's supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee.

• The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct.

• Unlawful harassment may occur without economic injury to, or discharge of, the victim.

Retaliation is when an employer (through a manager, supervisor, administrator or directly) fires an employee or takes any other type of adverse action against an employee for engaging in protected activity. 

Retaliation | U.S. Department of Labor

Your employer may not punish workers for

• Inquiring about their pay, hours of work or other rights

• Asserting their worker rights

• Filing a complaint about their worker rights

• Cooperating with a WHD investigation

Union Access, Organizing, or Interference

"I want to unionize, or my employer is blocking a union."

Union Activity

Employees have the right to attempt to form a union where none currently exists, or to decertify a union that has lost the support of employees.

Employee Rights | National Labor Relations Board 

Examples of employee rights include:

• Forming, or attempting to form, a union in your workplace;

• Joining a union whether the union is recognized by your employer or not;

• Assisting a union in organizing your fellow employees;

• Refusing to do any or all of these things.

• To be fairly represented by a union

Activity Outside a Union

Employees who are not represented by a union also have rights under the NLRA.  Specifically, the National Labor Relations Board protects the rights of employees to engage in “concerted activity”,  which is when two or more employees take action for their mutual aid or protection regarding terms and conditions of employment.  A single employee may also engage in protected concerted activity if he or she is acting on the authority of other employees, bringing group complaints to the employer’s attention, trying to induce group action, or seeking to prepare for group action.

A few examples of protected concerted activities are:

• Two or more employees addressing their employer about improving their pay.

• Two or more employees discussing work-related issues beyond pay, such as safety concerns, with each other.

• An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions.

More information, including descriptions of actual concerted activity cases, is available on the protected concerted activity page.

Immigration-Related Labor Issues

"I'm an immigrant worker and I'm having trouble at work."

Immigrant Employment Rights are protected through the United States Department of Justice's Civil Rights Division: 

The Immigrant and Employee Rights Section (IER), enforces the anti-discrimination provision of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b. Regulations for this law are found at 28 C.F.R. Part 44.

Civil Rights Division | Immigrant and Employee Rights Section | United States Department of Justice 

This federal law prohibits: 

1) citizenship status discrimination in hiring, firing, or recruitment or referral for a fee, 

2) national origin discrimination in hiring, firing, or recruitment or referral for a fee, 

3) unfair documentary practices during the employment eligibility verification process (generally, Form I-9 and E-Verify), 

4) retaliation or intimidation.

Additionally, the laws enforced by the Equal Employment Opportunity Commission provide five basic rights for job applicants and employees who work in the United States. The laws apply to applicants, employees and former employees, regardless of their citizenship or work authorization status. Full-time, part-time, seasonal, and temporary employees are protected if they work for a covered employer. All federal government agencies and most other employers with at least 15 employees are covered by our laws. Most unions and employment agencies also are covered. If you work for one of these employers, you have the right to: 

1. Work Free of Discrimination

2. Work Free of Harassment

3. Complain About Job Discrimination Without Punishment

4. Request Workplace Changes for Your Religion, Disability, or Pregnancy, Childbirth or Related Medical Conditions

5. Keep Your Medical Information Private

You can find more information at Your Rights | U.S. Equal Employment Opportunity Commission 

Additionally, efforts by an employer to threaten deportation against employees may constitute retaliation.

Report Labor Abuses | USCIS 

Migrant Worker Rights | U.S. Department of Labor 

Stress, Burnout, or Mental Health at Work

"Work is affecting my mental health."

The United States Department of Labor contains a helpful fact sheet on using the Family and Medical Leave Act for mental health reasons:

Fact Sheet #28O: Mental Health Conditions and the FMLA | U.S. Department of Labor 

Eligible employees (if they work for a covered employer for at least 12 months, have at least 1,250 hours of service for the employer during the 12 months before the leave, and work at a location where the employer has at least 50 employees within 75 miles) may take FMLA leave for their own serious health condition, or to care for a spouse, child, or parent because of a serious health condition. A serious health condition can include a mental health condition.

Mental and physical health conditions are considered serious health conditions under the FMLA if they require 1) inpatient care or 2) continuing treatment by a health care provider.

Not Sure What You're Dealing With?

"None of this quite fits my situation."

Not all workplace problems fit neatly into a category. That's okay. The above sections are intended to educate workers of their rights and options and are meant to answer common concerns workers might have. if you have a more specific challenge, please fill out our intake form so we can find you the help that your problem deserves.

No personal information will ever be shared without your express permission, and we will never share submitted materials with employers or law enforcement unless in full compliance of the law.