Fundamental Rights of Federal Employees

State employees are protected by state laws, but what about federal employees? Well, federal employees are protected by federal labor laws that grant workers their fundamental rights. In this blog post, an experienced federal employment attorney will review the rights of federal employees as outlined in federal law.

Federal Minimum Wage

Nearly all employees who work for the federal government are affected by the Fair Labor Standards Act (FLSA). The FLSA requires that all federal employers pay covered employees the federal minimum wage and overtime pay of one-and-one-half times the regular rate of pay.

As of April 2019, the federal minimum wage is $7.25 per hour. However, some states, cities, and counties have a higher minimum wage rate. According to the FLSA, when the state, city, or country minimum wage rate is higher than the federal rate, employers are required to pay workers the higher amount.

If you or a loved one work for the federal government and are paid less than $7.25 or are paid less than the state or city’s minimum wage, call (877) 771-2231 for a free consultation.

Procedural Rights

Procedural rights give federal employees the right to due process. In other words, if an employee is reprimanded, fired, or punished for any reason, he or she must receive advanced notice and a fair hearing (if desired) to share their side of the story.

Procedural rights are incredibly important for government employees because they prevent them from being fired without just cause. Additionally, procedural rights allow employees to “make a case” to defend themselves from being fired unjustly.

If you or a loved one work for the federal government and are receiving disciplinary action or are being fired for behavior-related issues, call (877) 771-2231 for a free consultation for your case.

Affirmative Defense

Federal employees have the right to make affirmative defenses. Affirmative defenses are made in response to and in defense against an agency action (e.g., disciplinary hearing) by providing evidence such as a new fact or set of facts to defeat actions taken against them, even if the facts supporting the action are true.

Some examples of affirmative defenses include:

  • Disability discrimination;
  • Partisan political, marital status, race, color, religion, sex, national origin, and age (over 40) discrimination;
  • Prohibited personnel practice;
  • Whistleblower reprisal.

Some potential affirmative defenses are more obvious than others; however, it’s always good to talk to an experienced employment attorney who can help you determine if your case calls for an affirmative defense.

If you or a loved one is facing a conduct investigation, it’s wise to write down everything you remember about the incident(s) in question. Any piece of information could help your case and sharing these tidbits of your story could help an attorney craft an affirmative defense on your behalf.

Appeal Rights

Government employees have the right to appeal the outcome of a disciplinary hearing given the cause. Valid appeals can sometimes overturn or impact a final decision, which means any employee who is fired or disciplined should talk to a knowledgeable federal employment attorney to see if their case qualifies for an appeal.

Need More Information? Call Now!

John P. Mahoney, Esq., Attorney at Law offers free 30-minute phone consultations for all potential clients. If you or a loved one are under fire from a government agency, our firm can defend you on your behalf. Our award-winning representation is well known, as we’ve handled cases across the nation!

Call (877) 771-2231 now for a free consultation for your case!

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