Talking about pay, raising staffing or safety concerns together, reporting fraud or EMTALA violations, and the deadlines if you are punished for it.
Every rule here was read on the statute, regulation or agency page it cites. Checked November 10, 2026.
General information, not legal advice. Laws change and your facts decide how they apply. Before you act, confirm with the agency listed here or with an employment lawyer or your union representative.
Talking about pay and acting together
Federal law, every state
Acting together with co-workers about pay, staffing or safety is protected, with or without a union.
Who it covers: Non-supervisory employees of private employers.
"to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection"
Supervisors are not covered by the NLRA. The definition turns on real authority, such as hiring, discipline or responsibly directing others with independent judgment, not on the title. Whether a charge nurse is a supervisor depends on those actual duties.
Who it covers: Employees with supervisory authority.
At a private employer, if you are punished for raising a safety concern or filing an OSHA complaint, you have 30 days to file a retaliation complaint with OSHA. Public employees and federal employees each use a different process: see Unions and public employers.
Who it covers: Employees of private employers (and the Postal Service).
Limits and exceptions to know (the law may have others; read the source):
Federal OSHA's private-sector rules do not cover the federal government (except the Postal Service) or any state, county or city employer. Federal employees: see the federal employees claim under Unions and public employers. Public employees: a state plan or state law may cover you. (29 U.S.C. § 652(5))
If you are punished for trying to stop fraud on a federal program, such as billing for care that was never given, the False Claims Act protects you. A retaliation suit has to be brought within 3 years.
Who it covers: Employees, contractors and agents.
"more than 3 years after the date when the retaliation occurred"
A hospital that takes Medicare cannot punish any employee for reporting an EMTALA violation, such as an unstable patient transferred without a proper screening or transfer.
Who it covers: Any employee of a hospital that participates in Medicare.
Limits and exceptions to know (the law may have others; read the source):
Protection for refusing to authorize an unstable patient's transfer covers only the physician or the qualified medical person who would sign the transfer certification. Other staff are protected for reporting the concern. (42 U.S.C. § 1395dd(i))
"against any hospital employee because the employee reports a violation of a requirement of this section"
Every covered employer has a general duty to keep the workplace free of recognized hazards likely to cause death or serious harm.
Who it covers: Employees of private employers (and the Postal Service).
Limits and exceptions to know (the law may have others; read the source):
Federal OSHA's private-sector rules do not cover the federal government (except the Postal Service) or any state, county or city employer. Federal employees: see the federal employees claim under Unions and public employers. Public employees: a state plan or state law may cover you. (29 U.S.C. § 652(5))
"free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees"
Federal law protects refusing work only in a narrow case: a real danger of death or serious injury, no reasonable alternative, and not enough time to fix it through normal channels; where possible, ask the employer to fix it first. Refusing an assignment as unsafe for patients is a separate question for state law and your board.
Who it covers: Employees of private employers (and the Postal Service).
Limits and exceptions to know (the law may have others; read the source):
Federal OSHA's private-sector rules do not cover the federal government (except the Postal Service) or any state, county or city employer. Federal employees: see the federal employees claim under Unions and public employers. Public employees: a state plan or state law may cover you. (29 U.S.C. § 652(5))
"If the employee, with no reasonable alternative, refuses in good faith to expose himself to the dangerous condition, he would be protected against subsequent discrimination."