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Privacy Protections

Privacy Rights and Working Conditions

Robust federal laws and regulations limit how and why an employer performs credit/background checks, for both an employee and a job applicant as well as provide protections to improve pay and working conditions.

The Fair Credit Reporting Act

The FRCA is a federal law which regulates the use of credit and other background checks, including those run for hiring and employment purposes. The FRCA covers all “consumer reports” obtained by employers from any third party that relates to any applicant or employee’s credit worthiness, capacity, reputation or other personal characteristics. This includes criminal background searches from an outside agency. Employers or prospective employers must notify the applicant or employee when a report is sought, obtain consent in writing, and advise the applicant or employee of the right to contest an adverse report.

If your employer has obtained a credit or background check on you without your express permission, we can help.

The National Labor Relations Act

The NLRA provides employees the right to form or join unions, engage in protected, concerted activities to address or improve working conditions, or refrain from engaging in such activities.  The NLRA protects employees in the private sector whether or not the employee is represented by a union.

In the non-union context, the NLRA specifically protects employees who engage in “concerted activities” whereby two or more employees take action for their mutual aid or protection regarding the terms and conditions of employment. A single employee may also engage in protected concerted activity if they are acting on the authority of other employees, are bringing group complaints to the employer’s attention, trying to induce group action or seeking to prepare for group action. This includes class action lawsuits that allege unlawful pay practices, work-related issues beyond pay such as safety concerns, and when an employee speaks to other employees or the employer about improving workplace conditions.

If your employer has prevented or tried to prevent you from engaging in activities to improve your pay or workplace conditions, we can help.

Overtime Calculator

Ensure you are getting paid properly for your regular and overtime wages.

Grab your paystub and calculate overtime.



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