Cecily Zamora
Employees are protected by laws that safeguard them against unfair labor practices, sexual harassment, and discrimination. These laws include the Fair Labor Standards Act (FLSA), the National Labor Relations Act (NLRA), and statutes overseen by the U.S. Equal Employment Opportunity Commission (EEOC). If an employee believes their employer has violated these laws, they may consider taking legal action or filing a complaint. However, it is important to first confirm if a legal violation has occurred and attempt to resolve the issue directly with the employer. Employees have rights and recourse in the face of labor law violations, but it is essential to carefully consider the potential consequences and seek appropriate advice before taking action.
| Characteristics | Values |
|---|---|
| If an employer is found to be in violation of labor laws | Employees can file a complaint without facing retaliation |
| Employees may be entitled to back wages | |
| Employers may face civil penalties | |
| Employees can take legal action | |
| Employees can report to the Wage and Hour Division or their state's labor department | |
| Employees can consult a lawyer | |
| Employees can attempt to resolve the issue by speaking to their employer directly |
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What You'll Learn
Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards for employees in the private sector and in Federal, State, and local governments. The Department of Labor's Wage and Hour Division enforces the FLSA for employees of private businesses and state and local governments, as well as Federal employees of specific agencies. The U.S. Office of Personnel Management enforces the FLSA for other Federal employees, and the U.S. Congress enforces it for congressional employees.
The FLSA sets a minimum wage of $7.25 per hour for covered nonexempt workers effective July 24, 2009. Overtime pay at a rate of one and one-half times the regular rate of pay is required after 40 hours of work in a workweek. The FLSA also prohibits oppressive child labour and outlines certain dangerous jobs that children under eighteen cannot do, as well as restrictions for children under sixteen. Employers must display an official poster outlining the requirements of the FLSA and keep employee time and pay records.
The FLSA also covers employees who are directly essential to the production of goods for interstate commerce. This includes the shipment, offer for shipment, or sale in interstate commerce of any goods produced in violation of the minimum wage, overtime pay, child labour, or special minimum wage provisions. The FLSA Advisor provides resources to help employees and employers understand their rights and obligations under the FLSA, including the Hours Worked Advisor, Overtime Security Advisor, Overtime Calculator Advisor, and Child Labor Rules Advisor.
Employees covered by the FLSA cannot be asked to do work off the clock, such as prep work or cleanup outside their paid shifts. Employers can face penalties if they fail to withhold payroll taxes or if an employee files a complaint about not being properly compensated. Additionally, employers cannot retaliate against employees who complain about illegal activity in the workplace. The Secretary of Labor may obtain an injunction to restrain any person from violating the FLSA, including the unlawful withholding of proper minimum wage and overtime pay. Employers who willfully or repeatedly violate the minimum wage or overtime pay requirements are subject to civil penalties.
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National Labor Relations Act (NLRA)
In 1935, the US Congress passed the National Labor Relations Act (NLRA), also known as the Wagner Act. The act guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. The NLRA seeks to correct the "inequality of bargaining power" between employers and employees by promoting collective bargaining between trade unions and employers. It also protects workplace democracy by providing employees at private-sector workplaces with the fundamental right to seek better working conditions and representation without fear of retaliation. The NLRA protects most employees, regardless of whether their workplace is unionized or not.
The NLRA established the National Labor Relations Board, which is responsible for prosecuting violations of labor law and overseeing the process by which employees decide whether to be represented by a labor organization. The act also includes a ban on company unions.
Over the years, the US Supreme Court has gradually reduced the efficacy of the NLRA by limiting its applicability to changing circumstances. The Taft-Hartley Act of 1947 amended the NLRA, establishing labor practices for unions and granting states the power to pass right-to-work laws.
The NLRA is one of several laws that protect employee rights in the workplace. Other laws include those that protect against sexual harassment, ensure family and medical leave, and safeguard against unfair labor practices. Employees covered by the Fair Labor Standards Act, for example, cannot be asked to do work off the clock, and employers are required to pay earned wages on time. Federal law also prohibits employers from taking disciplinary action or retaliating against employees who complain about illegal activity in the workplace.
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Wage and Hour Division
The Wage and Hour Division (WHD) is a US government agency that enforces labour laws, including those related to minimum wage, overtime pay, child labour, recordkeeping, and break time for nursing mothers. The WHD is part of the Department of Labor and has a nationwide presence, with investigators, supervisors, analysts, technicians, and administrative employees who work to ensure employers comply with labour standards.
The WHD enforces the Fair Labor Standards Act (FLSA), which is a federal law that covers minimum wage, overtime pay, child labour, and special minimum wage standards for both private and public employees. The WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, and the Family and Medical Leave Act. Under the Immigration and Nationality Act (INA), the WHD is responsible for protecting the labour standards of certain temporary non-immigrant workers admitted to the US under specific programs, such as H-1B and H-2A.
If an employer violates the FLSA, the WHD may seek to restrain the shipment of goods produced in violation of the law. Employees who believe their employer has violated the FLSA can contact the nearest Wage and Hour District Office for guidance and to file a complaint. The WHD conducts investigations, gathers data, and makes recommendations to bring employers into compliance.
The WHD also plays an educational role, partnering with employers to provide compliance assistance and resources to help businesses understand and follow the nation's wage and workplace standards. This proactive approach helps employers manage costs effectively and lawfully, benefiting both employers and employees.
In summary, the Wage and Hour Division is a crucial government body that ensures labour laws are upheld, protecting the rights of workers and promoting fair and legal employment practices across the United States.
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Employee rights
Employees have a variety of rights in the workplace, and laws that protect them from employer actions such as hostile work environments, discrimination, and unfair labour practices. These include the National Labor Relations Act, the Fair Labor Standards Act, and statutes overseen by the U.S. Equal Employment Opportunity Commission (EEOC).
The Fair Labor Standards Act (FLSA) prohibits employers from violating minimum wage and overtime pay laws, as well as child labour laws. It also prohibits employers from requiring nonexempt employees to do work off the clock, such as prep work or clean-up outside their paid shifts. If an employer violates these laws, the Wage and Hour Division may take action, including seeking to restrain the shipment of goods produced in violation of these laws. Employees who believe they are owed back wages can search databases provided by the Department of Labor to find out if they have money waiting to be claimed.
Additionally, employees have the right to discuss their compensation with co-workers, as prohibiting salary discussions can be problematic for gender equality in the workplace. Employees who are subjected to sexual harassment, or who are not receiving their full wages, can file a complaint without fear of retaliation from their employer. The Department of Labor enforces these laws through investigations and, if violations are found, may recommend changes to employment practices to bring the employer into compliance.
Federal laws, such as the Family and Medical Leave Act (FMLA), also provide eligible employees with the right to take unpaid, job-protected leave for specified family and medical reasons. These laws apply to both private businesses and state and local governments, as well as federal employees of certain agencies.
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Legal recourse
Employees are protected by law from hostile work environments, discrimination, and unfair labor practices. These protections are provided by the National Labor Relations Act and a variety of statutes overseen by the U.S. Equal Employment Opportunity Commission (EEOC).
If an employee believes their employer is breaking a workplace law, the first step is to contact their supervisor or human resources department. If the issue is not resolved internally, the employee may file an administrative complaint with the appropriate agency. For example, complaints about discrimination should be filed with the EEOC, while alleged violations of the NLRA can be filed with the National Labor Relations Board. Wage issues may be addressed by state labor offices. Most of these agencies have online reporting options, but it can take a significant amount of time (up to a year or more) for a matter to be heard, depending on the agency.
Another option for employees is to contact a private employment attorney. These lawyers can take civil action against an employer, which could lead to changes in the workplace as well as monetary restitution. Some attorneys may offer free consultations and work on a contingency basis, so there may not be any upfront costs for representation.
In the case of violations of the Fair Labor Standards Act (FLSA), the Department of Labor's Wage and Hour Division enforces the law and conducts investigations to determine compliance. If violations are found, investigators may recommend changes to bring the employer into compliance. Employees cannot be fired or discriminated against for filing a complaint or participating in an investigation. If an employer has willfully or repeatedly violated minimum wage or overtime pay requirements, they may be subject to civil penalties.
It is important to note that employees have the right to discuss their compensation with colleagues, as prohibiting salary discussions can be problematic for gender equality. Employees who provide labor have the right to be paid their earned wages, and employers can face penalties for failing to withhold payroll taxes or paying late or not at all.
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Frequently asked questions
First, make sure that your employer is indeed breaking the law. Then, try having a straightforward conversation with them, assuming that they don't realize there's a legal problem. If that doesn't work, you could talk to a lawyer or your state's labor department.
Labor laws include the Fair Labor Standards Act (FLSA), the National Labor Relations Act (NLRA), and statutes overseen by the U.S. Equal Employment Opportunity Commission (EEOC). The FLSA, for example, prohibits employers from requiring nonexempt employees to do work off the clock, such as prep work or cleanup outside their paid shifts. It also prohibits the shipment or sale of goods produced in violation of minimum wage, overtime pay, or child labor provisions.
Employee rights include protection against sexual harassment, unfair labor practices, and hostile work environments. Federal law also requires the timely payment of wages and prohibits employers from firing or discriminating against employees for filing complaints about illegal activity.
If your employer violates your rights, you may be able to file a lawsuit. However, this could negatively impact your working environment and make it harder for you to get hired in the future. Alternatively, you can contact your state's labor department or the U.S. Department of Labor's Wage and Hour Division, which enforces labor laws and conducts investigations into employment practices.
