Unlawful Employers: Breaking Laws, Ruining Lives

Employees have the right to work in a safe and legal environment. However, there are times when employers might try to pressure their employees to engage in illegal activities. This can include anything from requiring unpaid overtime to creating false documents. While it can be intimidating to say no to an employer, it's important to know your rights and what steps you can take if you find yourself in this situation.

If you are being asked to do something illegal, it's crucial to document everything, including your employer's request, any resistance you expressed, and any retaliation you experience. Additionally, you may want to consider reaching out to your company's HR department or seeking legal counsel from an employment attorney. Remember, your employer cannot force you to break the law, and you are protected if you refuse to comply.

Requiring employees to work off the clock

Working off the clock refers to any work done by an employee that is unpaid and does not count towards overtime. In other words, it is work done outside of an employee's paid shift. This could include things like setting up a restaurant before a shift, loading trucks, transferring equipment, or even just checking work emails at home. Technology has made it easier than ever for employees to work off the clock, with smartphones and laptops allowing people to access work from anywhere.

Employers who do not pay employees for work performed off the clock could be in violation of the FLSA and may face wage and hour lawsuits. These lawsuits can result in the employee collecting back pay for up to three years of lost wages, as well as legal fees. Employers may also face investigations and audits from the Department of Labor and state agencies.

If an employee is being required to work off the clock, they should first try to resolve the issue directly with their manager or employer. It is important to have a collaborative tone and assume that the employer is not aware they are doing something illegal. If this does not work, the employee may need to involve a lawyer or their state's labor department. Employees may be able to recover up to three years of back wages for unpaid hours or overtime, as well as liquidated damages equal to what they are owed.

Forbidding employees from discussing their salary with co-workers

Forbidding employees from discussing their salaries with co-workers is illegal. The National Labor Relations Act (NLRA) protects employees' rights to discuss conditions of employment, such as safety and pay, even if they are non-union workers. The NLRB (National Labor Relations Board) calls these discussions "protected concerted activity" and defines them as employees "taking action for their mutual aid or protection regarding terms and conditions of employment."

The NLRA gives employees the right to discuss their paychecks in both face-to-face and written communication, including text and social media. Employers are allowed to prohibit employees from discussing salary at work or in front of customers. However, if non-work-related conversations are generally allowed during work time, they can't specifically forbid employees from discussing salary during work hours.

It is unlawful for employers to:

• Retaliate against employees in any way for discussing pay with co-workers, including firing or demoting them.
• Question or interrogate employees about pay-related conversations they've had.
• Spy on employees with regard to pay-related conversations.
• Threaten employees to dissuade them from discussing their pay.
• Have policies or rules that discourage or disallow employees from discussing their wages, including requiring permission.

If an employer is trying to discourage employees from discussing their salaries with co-workers, they may be violating the law. Employees should contact a knowledgeable employment attorney to hold their employer accountable.

Retaliating against whistleblowers

Whistleblowers provide the legal system with a reliable means of discovering employment infractions and enforcing corporate accountability. Therefore, the country's laws are extremely protective of employees who are brave enough to do the right thing.

If an employee has "blown the whistle" on their employer and believes they have been targeted for retaliation as a result, they might be entitled to reinstatement to their previous position or financial compensation, among other remedies.

However, it is important to note that whistleblower laws and claims against retaliation only apply if the employee was complaining about something substantial, such as fraud or corruption. Simply having an unpleasant boss is not sufficient to trigger legal protections.

If an employee is concerned about retaliation or has been unfairly fired, it is recommended that they talk to an experienced employment lawyer right away.

Ignoring exemptions to vaccination mandates

Vaccination mandates have a long history, and employers have been requiring workers to have certain vaccinations. However, while mandating vaccination is not illegal for most workers, it can violate the law if exemptions are not allowed for medical reasons or deeply held religious beliefs.

The law

The National Labor Relations Act and a variety of statutes overseen by the U.S. Equal Employment Opportunity Commission (EEOC) protect employees from hostile work environments, discrimination, and unfair labor practices. There are also state and local regulations that employers must follow.

Exemptions to vaccination mandates can be medical or based on religious beliefs.

If an employee is asked to do something unlawful, they should first make sure they understand what their employer is saying and ask questions. They can also ask their employer to repeat the request and explain why it is being made. If the employer insists on the request, the employee has several options:

• Send their employer an email to restate the request and wait for a response.
• Record the request in writing and explain why they are choosing not to comply.
• Speak to their employer's supervisor or the company's HR department about the issue.
• Refuse the request and report it to an employee who has the authority to investigate, discover, or correct the non-compliance.
• Consult with a lawyer to understand their rights and options.

Failing to pay overtime or minimum wage

The FLSA also states that employees covered by the Act must be paid at least the federal minimum wage of $7.25 per hour. Many states and cities have higher minimum wage requirements. Employers cannot get around paying the minimum wage by paying with tips or commissions.

If an employee has not been paid minimum wage, they may be entitled to damages, including double or triple back pay (up to three years in some cases) and attorney fees and costs. Similarly, an employee who has not been paid overtime may be entitled to damages, including back pay (up to three years of unpaid overtime in some cases), additional liquidated damages (often in the form of double or triple the amount of wages owed) and attorney fees and costs.

Frequently asked questions