THE WORKER NOTICE ACT

A Proposal for Federal Legislation

Submitted by: Donnie Rakestraw

U.S. Army Combat Engineer Veteran

Paola, Kansas

Contact: supertech007@gmail.com

LEGISLATIVE SUMMARY

The Worker Notice Act requires employers to provide clear, written notice of federal employment rights and filing deadlines at key moments in the employment relationship. Failure to provide such notice tolls applicable federal deadlines until notice is given. The Act ensures workers are informed of their rights without expanding employer liability.

THE PROBLEM

American workers lose legal rights every day to deadlines they were never told existed.

A worker who is injured, discriminated against, denied accommodation, or retaliated against has a narrow window to file a federal claim—often 180 or 300 days for EEOC charges, two years for FLSA wage claims, and sometimes less.

Miss the deadline, and the claim may be time-barred regardless of merit.

Most workers do not know these deadlines exist.

They often do not know these agencies exist.

These rights are:

Not clearly explained at hiring

Not provided when a worker reports an injury

Not given when a complaint is filed

Not disclosed at discipline or termination

Employers and their attorneys understand these deadlines. Workers often do not.

The system operates on that imbalance.

Workers’ compensation attorneys are not required to advise injured workers about federal claims or filing deadlines. Many do not. By the time a worker learns they may have had a federal claim, the deadline has already expired.

I lost my federal case against The Hershey Company under these exact circumstances.

A blue-collar worker with a GED and a cell phone, facing multiple large law firms, had no realistic way to know what he was never told.

THE PROPOSAL

The Worker Notice Act requires covered employers to provide clear, written notice of federal employment rights and filing deadlines.

1. Notice at Hiring

A one-page, plain-language summary of federal employment rights and deadlines, acknowledged by the employee at onboarding.

2. Workplace Posting

A required posting in all workplaces (including break rooms), in English and the primary languages of the workforce.

3. Triggered Notice Requirement

Written notice must be provided within 7 days of:

Reported workplace injury

Reported safety violation

Discrimination or harassment complaint

Request for accommodation

Disciplinary action

Termination

REQUIRED CONTENT OF NOTICE

At minimum, the notice must include:

The right to file with the EEOC and the 180/300-day deadline

The right to file an OSHA complaint and applicable deadlines

The right to file an FLSA wage claim and the 2–3 year deadline

The right to seek an independent medical evaluation where applicable

The right to consult an attorney regarding federal claims

A statement that workers’ compensation claims do not waive federal rights

Contact information for:

EEOC

OSHA

U.S. Department of Labor

FEDERAL FILING DEADLINES AT A GLANCE

The statute of limitations begins to run on the date of the violation. If missed, claims may be permanently time-barred regardless of merit.

EEOC (Title VII, ADA, ADEA): 180 days (300 in deferral states)

FLSA (Wages): 2 years (3 if willful)

OSHA Retaliation: 30 days

Workers’ Compensation: Varies by state

Federal Whistleblower Statutes: 30–180 days

FMLA: 2 years (3 if willful)

Section 1981: 4 years

Equal Pay Act: 2 years (3 if willful)

Deadlines reflect general federal law. Case-specific timelines may vary.

These deadlines are short. Most workers do not know they exist.

That is the gap this legislation closes.

ENFORCEMENT (“THE TEETH”)

Equitable Tolling

Failure to provide required notice creates a rebuttable presumption in favor of equitable tolling.

The statute of limitations does not begin to run until proper notice is given.

No notice. No clock.

Civil Penalties

Graduated financial penalties for non-compliance, assessed per affected employee, per violation.

Private Right of Action

Workers may bring a civil action to enforce compliance.

Non-Waiver Provision

These rights cannot be waived through:

Employment contracts

Severance agreements

Arbitration clauses

ADMINISTRATIVE IMPACT

The required notice shall be limited to a standardized, one-page form developed by the U.S. Department of Labor, minimizing compliance burden for employers.

WHY THIS MATTERS

Federal employment protections are only meaningful if workers can actually use them.

Deadlines that are never disclosed function as barriers—not protections.

A worker who learns about a filing deadline only after it has passed has not been given a fair opportunity to exercise their rights.

This proposal does not expand liability.

It ensures access.

CONCLUSION

My loss is not unique. It is predictable.

When rights depend on deadlines, and deadlines are not disclosed, the outcome is not justice—it is forfeiture by design.

The Worker Notice Act restores balance.

It ensures that workers are informed, deadlines are transparent, and legal rights are not lost simply because no one told them they had any.

 

Supertech007@gmail.com