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You may think that your boss holds all the cards, but there are actually many things your boss can’t legally do. If you’re worried about potential workplace violations, you’re not alone. We’ve compiled a list of ten crucial aspects of employment law that every employee should know about. By understanding these key issues, you can protect yourself from unfair treatment and hold your boss accountable.
1. Pay Less Than Minimum Wage
Why It’s Illegal
The federal government sets a minimum wage that employers must pay their workers, currently set at $7.25 per hour. Many states and cities have their own minimum wages, which are often higher than the federal minimum wage. The Fair Labor Standards Act (FLSA) requires employers to pay at least the highest applicable minimum wage, whether that’s federal, state, or local.
What to Do If You’re Affected
If you suspect your boss is paying you less than the minimum wage, check your pay stub and the relevant state and local regulations. If your payment is indeed below the legal minimum, report the issue to your human resources department immediately. Contact an employment attorney or the Department of Labor if they don’t resolve the problem.
2. Discriminate Based on Protected Characteristics
Why It’s Illegal
Under federal law, it’s illegal for employers to discriminate against employees based on certain protected characteristics. These include race, color, religion, sex (including pregnancy), national origin, age, disability, and genetic information. Many states have additional protections, such as prohibiting discrimination based on sexual orientation, gender identity, marital status, or military service.
What to Do If You’re Affected
If you believe you’ve been discriminated against, document any incidents and gather evidence. Speak with your human resources department or consult an employment attorney. You can also file a complaint with the Equal Employment Opportunity Commission (EEOC) or the appropriate state agency.
3. Retaliate Against Employees for Engaging in Protected Activities
Why It’s Illegal
The National Labor Relations Act (NLRA) and other labor laws protect employees’ rights to engage in certain activities without fear of retaliation from their employers. These activities include discussing wages and working conditions, joining a union, or participating in a strike. Whistleblower laws also protect employees who report illegal activities or safety violations.
What to Do If You’re Affected
If you suspect your boss is retaliating against you for engaging in protected activities, gather evidence and consult an employment attorney or your human resources department. If necessary, file a complaint with the National Labor Relations Board (NLRB) or another appropriate federal agency.
4. Deny Overtime Pay When Required
Why It’s Illegal
The Fair Labor Standards Act (FLSA) mandates that eligible employees must receive overtime pay when working more than 40 hours per week. The overtime rate must be at least one and a half times the employee’s regular hourly rate. However, some employees are exempt from overtime pay requirements, such as those in executive, administrative, or professional roles.
What to Do If You’re Affected
If you believe your boss is denying you overtime pay that you’re legally entitled to, review your company’s payroll records and compare them to your hours worked. Speak with your human resources department or consult an employment attorney if you suspect a violation. You may also file a complaint with the Department of Labor.
Related: Signs Your Boss Wants You to Leave
5. Violate Leave and Time Off Laws
Why It’s Illegal
Employers must comply with various federal, state, and local laws regarding employee leave and time off. These may include the Family and Medical Leave Act (FMLA), which provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. Many states also have their own leave laws, including paid family leave and sick leave policies.
What to Do If You’re Affected
If you believe your boss is violating leave and time off laws, gather documentation of your situation and review the relevant laws. Speak with your human resources department or consult an employment attorney if you suspect a violation. You may also file a complaint with the appropriate government agency, such as the Department of Labor or the appropriate state agency.
6. Create a Hostile Work Environment
Why It’s Illegal
A hostile work environment occurs when an employee experiences severe or pervasive harassment, discrimination, or offensive conduct in the workplace that affects their ability to perform their job duties. This behavior is illegal when it’s based on a protected characteristic or when it’s in retaliation for engaging in protected activities. Employers are responsible for addressing and preventing hostile work environments.
What to Do If You’re Affected
If you’re experiencing a hostile work environment, document incidents and gather evidence, such as emails, texts, or witness statements. Report the situation to your human resources department, and if they don’t take appropriate action, consult an employment attorney. You may also file a complaint with the EEOC or the appropriate state agency.
7. Misclassify Employees as Independent Contractors
Why It’s Illegal
Misclassifying employees as independent contractors can be a way for employers to avoid paying employment taxes, employee benefits, and wage protections, such as minimum wage and overtime pay. However, this practice is illegal under federal and state laws. The IRS and the Department of Labor have specific guidelines for determining whether a worker should be classified as an employee or an independent contractor.
What to Do If You’re Affected
If you believe you’ve been misclassified as an independent contractor, review the IRS guidelines and consult an employment attorney or your human resources department. You may also file a complaint with the Department of Labor or the IRS.
8. Enforce Overly Broad or Unreasonable Non-Compete Agreements
Why It’s Illegal
Non-compete agreements are contracts that restrict employees from working for competitors or starting similar businesses for a certain period after leaving their current job. While these agreements can be legal, they must be reasonable in scope, duration, and geographic area. Overly broad or unreasonable non-compete agreements may be deemed unenforceable by courts, and some states have strict limitations or prohibitions on their use.
What to Do If You’re Affected
If you believe your non-compete agreement is overly broad or unreasonable, consult an employment attorney for advice on your specific situation. They can help you understand the enforceability of the agreement and your options for challenging it.
9. Ask Illegal Interview Questions
Why It’s Illegal
During the job application process, employers must avoid asking questions that could lead to discrimination based on protected characteristics. Illegal interview questions may include inquiries about an applicant’s age, marital status, disability, national origin, or religion. Some states also have laws prohibiting questions about criminal history or salary history during the initial stages of the hiring process.
What to Do If You’re Affected
If you’ve been asked illegal interview questions, you can choose not to answer or provide a general response. You may also want to report the incident to your human resources department or consult an employment attorney. If you believe the illegal questions led to discriminatory hiring decisions, you can file a complaint with the EEOC or the appropriate state agency.
10. Deny Reasonable Accommodations for Disabilities or Religious Beliefs
Why It’s Illegal
Under the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act, employers are required to provide reasonable accommodations for employees with disabilities or sincerely held religious beliefs unless doing so would cause undue hardship for the employer. Reasonable accommodations may include modifying work schedules, providing assistive equipment, or altering job duties.
What to Do If You’re Affected
If your boss refuses to provide reasonable accommodations for your disability or religious beliefs, gather documentation of your requests and any communications with your employer. Speak with your human resources department, and if they don’t resolve the issue, consult an employment attorney. You may also file a complaint with the EEOC or the appropriate state agency.
Related: When Your Boss Makes You Feel Incompetent
Conclusion
Understanding the things your boss can’t legally do is crucial for protecting your rights as an employee. If you suspect your boss is violating employment laws, don’t hesitate to take action. Speak with your human resources department, consult an employment attorney, and file a complaint with the appropriate government agency if necessary.
