Working Rights

Teens @ Work
Don’t clock in without knowing your rights
by Jay Wright
contributing writer




For teenagers, summer is supposed to be a break from school, studying, and homework. This warm season is meant for relaxing, having fun, and hanging out with friends. But for most of us, having any summer fun necessitates getting a job, whether it’s at Shirt Folding Store or somewhere else. If this is your first job, it’s important to remember that all workers have rights—including teen workers. So before you put on that silly paper hat, check out a few things you should know about what rights you have and what to do if those rights are violated. Now get back to the grind!



Getting Harassed


Under federal law, sexual harassment is illegal.

Young workers are considered especially vulnerable to harassment because they have little employment experience and are often the lowest-level employees with the least clout in the workplace. The Equal Employment Opportunity Commission (a federal government agency that deals with employment discrimination) has been trying to change that with a special outreach campaign called Youth@Work, which was launched to raise awareness among youth about employment discrimination.

Most importantly, you should know that you have the right not to be sexually harassed at work. Sexual harassment can be overt (an employer or employee touching you inappropriately or ordering you to perform sexually in order to keep your job), or it can be very subtle (an off-the-cuff remark about your “long legs”). If you feel uncomfortable, you don’t need to be embarrassed, and there are things you can do about it.

So what should you do if you think you’ve been sexually harassed? The National Women’s Law Center suggests taking these actions:
• Unless you fear for your job or safety, tell the offender to stop.
• Find out what your employer’s policy is on sexual harassment is and follow its complaint process. If one manager seems unconcerned, tell a different one. Usually the details of the policy are in some kind of employee handbook or guide. Sometimes there are also posters about your rights in break rooms.
• Talk to other employees to see if they’ve had similar experiences.
• Document as much as you can.
• If these steps have not worked, consider taking legal action.
Legal action can take a long time, and problems can often be resolved more quickly through the steps above. Any good employer will take your concerns seriously. If you do decide to take legal action, you can contact the EEOC local field office that covers your area.

Sexual harassment is also illegal under state law in most places, and you can contact your state agency that handles employment discrimination with a complaint. In most places, it’s your state’s attorney general. Some large cities also have city ordinances against discrimination, and city agencies that enforce them, like the New York City Commission on Human Rights or the Chicago Commission on Human Relations.

While we’ve focused on male sexual harassment of women, let’s briefly discuss a few other types of illegal workplace discrimination.
• Same-sex sexual harassment (e.g., male-on-male or female-on-female) is also illegal under federal law. And some state and city laws do explicitly protect sexual orientation.
• Refusals to make reasonable accommodations in workplace policies or outright discrimination based on religion or disability are illegal. Examples of this could include an employer’s refusal to allow you to wear a hijab under certain circumstances.
• Discrimination by an employer because you don’t have the right “look” may be illegal. For example, in 2004 the EEOC settled a case against Abercrombie & Fitch, which charged that company with discrimination against young women and minorities based on its restrictive “marketing image.”

Note that for sexual harassment—or any form of discrimination—it is also illegal for an employer to retaliate against you for taking legal action or reporting it to your manager.



Getting Paid


The most important part of any summer job is, of course, the paycheck. Wage law is complicated, but here are some basics you should know.

The federal minimum wage is currently up to $7.25. Many states have minimum-wage laws also, and if yours has one that makes the minimum wage higher, that higher figure is the legal minimum wage for your state.

There are some situations where you could be legally paid below the minimum wage—for example, if your employer is participating in some kind of full-time student-employment program or student-learner program. Under those types of programs you might be paid 75% or 85% of minimum wage.

The most common exception is a job where you’re working for tips. If that’s true, your employer can pay you $2.13 an hour if the money you make in tips equals at least the minimum wage. If it doesn’t, your employer is supposed to make up the difference under the law. Sometimes there are state laws about employees who work for tips, too. If you’re under 20, employers can also pay you less than the minimum wage, $4.25, for the first 90 days of your employment.

There are some other laws about youth in the workforce, mostly dealing with hours. For example, if you’re under 16, you are limited in the amount of hours you can work. For more information on wage and hour laws, you can check out the Department of Labor’s YouthRules! Web site (note: exclamation points and @ symbols make government programs cool).

It is a good idea to keep your own record of the hours you’ve worked, particularly if you have worked overtime. If you work more than 40 hours in a week, you are entitled to one-and-a-half times your hourly wage for additional hours worked. You will want to review each paycheck to make sure you are getting all the wages you have earned. Keep your pay stubs in a file so you will have documentation for taxes or any complaints.

Hopefully you won’t face any of these situations this summer. But if you do, be smart about it and know your rights.






This article is not intended as legal advice and is solely for educational and informational purposes. Jay Wright lives and works in Washington, D.C. He enjoys commuting to work, working, and commuting home from work most of all.