Unions and public employers

A state or local government can give you comp time instead of overtime pay, at 1.5 hours per overtime hour, under a union agreement or an agreement with you made before the work.

Who it covers: Employees of states, counties, cities and other public agencies.

Limits and exceptions to know (the law may have others; read the source):

• Comp time has a cap: 480 hours for public safety, emergency response or seasonal work, 240 hours for other work. Past the cap, extra overtime is paid in cash. (29 U.S.C. § 207(o)(3)(A))

"compensatory time off at a rate not less than one and one-half hours"

29 U.S.C. § 207(o) · Checked November 10, 2026

The NLRA does not cover state, county or city employers. At a public hospital, county EMS service or fire department, organizing and bargaining rights come from your state's public-employee law, if it has one.

Who it covers: Employees of state and local governments.

"or any State or political subdivision thereof"

29 U.S.C. § 152(2) · Checked November 10, 2026

If you are in a union, you can ask for a representative before an investigatory interview you reasonably believe could lead to discipline. Ask out loud. Under current Board law, the right belongs to union-represented employees.

Who it covers: Union-represented employees of private employers.

"only union-represented employees have this right"

NLRB, Weingarten Rights · Checked November 10, 2026

Federal OSHA's private-sector rules (11(c) complaints, the general duty clause) do not reach state, county or city employers. Public employees are protected where the state runs an OSHA-approved state plan that includes public workers. Some states without a plan have their own public-employee safety law, such as Ohio (R.C. Chapter 4167) and Wisconsin (Wis. Stat. 101.055), each with its own rules and deadlines. Federal employees have a separate system (see the federal employees claim).

Who it covers: State and local government employees.

Limits and exceptions to know (the law may have others; read the source):

• Ohio: a public employee acting in good faith may refuse work the employee reasonably believes presents an imminent danger of death or serious harm, and the public employer may not discriminate for that refusal. (Ohio R.C. 4167.06)
• Wisconsin: a public employer may not discriminate against an employee who reasonably refused a task that represents a danger of serious injury or death; complain to the Equal Rights Division within 30 days of learning of it. (Wis. Stat. 101.055(8)(ar)-(b))
• Safety and health in most private industries is regulated by OSHA or by an OSHA-approved state plan. (U.S. DOL, Safety and Health)

"does not include the United States (not including the United States Postal Service) or any State or political subdivision of a State"

29 U.S.C. § 652(5) · Checked November 10, 2026

If you work for a federal agency (VA, IHS, a military hospital), your agency must run its own safety program under OSHA's federal-agency rules. You can report a hazard to your supervisor, the agency's safety officials, the head of the agency or the Secretary of Labor. You can decline a task you reasonably believe poses an imminent risk of death or serious harm when there is no time to fix it through normal reporting. Reprisal complaints go through your agency's procedures, not an OSHA 11(c) complaint.

Who it covers: Civilian employees of federal agencies other than the Postal Service.

Limits and exceptions to know (the law may have others; read the source):

• Reports can go to your supervisor, agency safety officials, safety committees, the head of the agency, or the Secretary of Labor. (29 CFR § 1960.28)
• The right to decline a task that poses an imminent risk of death or serious bodily harm, when there is not enough time to fix it through normal hazard reporting. (29 CFR § 1960.46)
• Each agency head must set up procedures protecting employees from reprisal for safety reports and for using these rights. (29 CFR § 1960.46)

"It shall be the responsibility of the head of each Federal agency (not including the United States Postal Service) to establish and maintain an effective and comprehensive occupational safety and health program"

29 U.S.C. § 668(a); Executive Order 12196; 29 CFR part 1960 · Checked November 10, 2026