Janitorial Workers Legal Rights
Janitorial workers belong to the unskilled labor force. But the law makes no distinction among what is considered skilled and unskilled labor when it comes to legal rights in employment. They all possess virtually the same rights when it comes to the rights to privacy, fair compensation, and freedom from discrimination and harassment.
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Right to Privacy
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A janitorial worker possess a limited right to privacy at his workplace. The law gives employees a right to privacy over their communications, belongings and activities. But this right must be balanced with the employer's right to monitor the activities of a workplace. Employees using the employer's email or Internet while on the job have little privacy protection. Employers can generally view these emails, provided they have a "valid business purpose."
Fair Compensation
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A janitorial worker has the right to fair compensation. The law gives each worker the right to a minimum wage, which federal or state laws will specify. Employers have, in most cases, no right to pay employees less than the minimum wage, and must also give their employees overtime pay when employees work more than 40 hours in a week. If employees earn more than $30 in tips in a month, than federal law allows them to pay such employees less than minimum wage ($2.12 per hour as of November 2009) although some states, including California, don't give such an exception.
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Freedom from Discrimination
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A janitorial worker possesses the right to freedom from unlawful discrimination from his employer. The law states that no one can be discriminated in employment on the basis of race, religion, national original, gender, disability, age and sexual orientation.
Freedom from Harassment
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A janitorial worker has the right to freedom from unlawful harassment from his employer. The law states that no employer can make any unwanted sexual advances, seek sexual favors or make any other such conduct that suggests that the employee's job will be affected if he does not submit to it.
Freedom from Retaliation
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A janitorial worker has the right to freedom from retaliation from his employer. The law states that no employer can retaliate against an employee for reporting a violation of the law by the employer.
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