Workplace Rights

Worker’s Rights Guide

The Workplace Justice Project offers legal assistance for a wide range of workers’ rights violations. Here are a few of the areas we work in.

Pay Issues and Wage Theft

The Workplace Justice Project may be able to help you if:

  • You were not paid the amount promised to you for your work; or

  • You were not paid for all of the hours that you worked; or

  • Your actual pay works out to less than $7.25 an hour (the federal minimum wage) when you divide your pay by the number of hours you worked in each week; or

  • You worked more than 40 hours a week and did not receive extra overtime pay; or

  • You did construction work on a government project and were not paid the required prevailing wage rate; or

  • Your employer made illegal deductions from your pay.

The right to be paid minimum wage and overtime pay applies to most employees, including workers that are paid by day rate, piece rate, and salary. The federal law also protects workers that are paid in cash and off-the-books.

Basic Employment Rights

The WJP fights to ensure that all workers can enforce their basic rights in the workplace.

All workers, regardless of immigration status, have the ability to enforce their basic employment rights at work.

Most workers have the following protections in the workplace:

  • The right to receive minimum wage;

  • The right to receive overtime pay after 40 hours of work in the workweek;

  • The right to be paid what you were promised;

  • The right to work free from illegal discrimination;

  • The right to advocate for improvements to your wages and working conditions;

  • The right to a safe workplace;

  • The right to access the justice system to enforce your rights.

Workplace Discrimination and Retaliation

Generally, employees have the right to be treated fairly, to report abuse without retaliation, request help from unions and immigrant and labor rights groups, and to work free from discrimination.

Certain types of discrimination are prohibited in the workplace under federal law and Louisiana law, including discrimination based on race, sex, religion, ethnicity, national origin (including language), age, or disability. Sex discrimination includes pregnancy discrimination, sexual harassment, and discrimination based on gender identity/expression or transgender status. There are also protections for workers who were formerly incarcerated or have criminal records.

The law generally prohibits an employer from firing or retaliating against a worker for asserting his or her rights under these laws. Similarly, the law generally prohibits an employer from retaliating against workers that have expressed concern about their wages or working conditions.

The WJP provides legal representation to individuals and groups of workers whose rights have been violated in the workplace. If you feel that your rights have been violated or you would like more information about your rights in the workplace, contact the WJP.

For legal assistance or questions about your rights at work, contact us.

Notice: This is general information and is not legal advice.

Local and National Resources

Louisiana Workforce Commission: Enforces state unemployment and workers’ compensation laws and handles filing, claims, and appeals. LWC also has information about proper classification of workers, necessary licenses for business owners, and tools for job seekers. http://www.laworks.net/

Department of Labor (DOL): The Wage and Hour Division enforces certain wage claims, overtime and minimum wage violations, and prevailing wage, amongst other laws. (504) 589-6171 (extension 300 for Spanish) http://www.dol.gov/whd/

Equal Employment Opportunities Commission (EEOC): The EEOC investigates workplace discrimination charges, based on things like race, gender, national origin, age, and disability status. (800) 669-4000 TTY: (504) 595-2958 http://www.eeoc.gov/

National Labor Relations Board (NLRB): The NLRB protects workers from adverse actions taken by their employers for working together with other employees to better their working conditions. Regional Office (504) 589-6362 http://www.nlrb.gov/

Occupational Safety & Health Administration (OSHA): Workers are entitled to working conditions that do not pose a risk of serious harm. OSHA helps to assure a safe and healthful workplace. (225) 298-5458 http://www.osha.gov/

Restaurant Opportunities Center NOLA: Organizes restaurant workers to improve their conditions. http://rocunited.org/nola/

Secretary of State: Check online to see if the company you’re working for is registered with the State. http://www.sos.la.gov/BusinessServices/SearchForLouisianaBusinessFilings/

Louisiana State Licensing Board: For contractors to apply for a license. (800) 256-1392 or (225) 765-2301 http://www.lslbc.louisiana.gov/

New Orleans City Hall: All construction jobs within Orleans Parish should be registered at City Hall. 1300 Perdido St. New Orleans, LA 70112, (504) 658-4000

Kenner City Hall: 1801 Williams Blvd. Kenner, LA 70062, (504) 468-7200

Louisiana Small Business Development Center: (504) 831-3730. http://www.lsbdc.org/

Go.Be. (formerly, Good Work Network): Help for small businesses in Greater New Orleans. 1824 Oretha C Haley Boulevard, New Orleans, LA 70113, (504) 309-2073 http://www.gobe.org/

National Employment Law Project NELP fights for policies to create good jobs, expand access to work, and strengthen protections and support for low-wage workers and unemployed workers www.nelp.org

Louisiana Budget Project The Louisiana Budget Project (LBP) monitors and reports on public policy and how it affects Louisiana’s low- to moderate-income families www.labudget.org

Louisiana Language Access Coalition (504) 264-2925 http://louisianalac.org/

For Immigration Issues:

Catholic Charities Archdiocese of New Orleans: (504) 310-8765 or (504) 457-3462 http://www.ccano.org/

Loyola Law Clinic: (504) 861-5590 or (504) 861-5536 http://loyno.edu/lawclinic/

LSU Law Clinic: (225) 578-8262 http://www.law.lsu.edu/

Other Legal and Social Services:

Catholic Charities Archdiocese of New Orleans/Hispanic Apostolate Community Services (CCANO): The Hispanic Apostolate program offers an array of services, from immigration and legal work, to emergency assistance, English classes, job services, tax assistance, refugee support, public safety, and help with Medicaid and Food Stamp applications. Immigration & refugee services: (504) 457-3462; Immigration Services: (504) 310-6862 http://www.ccano.org/programs/hacs/

Pro Bono Project: The Pro Bono Project offers a variety of legal services. (504) 581-4043 http://www.probono-no.org/

Louisiana State Bar Association, Law Referrals: Includes a list of lawyers that are barred in Louisiana by area of practice. Some may be sliding scale. (504) 561-8828 http://www.lsba.org/Public/LawyerReferral.aspx

Southeast Louisiana Legal Services: New Orleans (504) 529-1000 or (877) 521-6252; Hammond (985) 345-2130 http://www.slls.org