Reaper's Illegal Activities: What You Need To Know

Employees are protected by laws that prevent employers from creating hostile work environments, discrimination, and unfair labor practices. However, it is not uncommon for employers to break the law, whether intentionally or unintentionally. If you believe your employer is breaking the law, the first step is to confirm that their actions are, in fact, illegal. If they are, try talking to your employer directly, assuming they are unaware of the legal problem. If this does not work, you may need to take more serious action, such as contacting a higher-up in the organization, law enforcement, or an employment lawyer.

Asking prohibited questions on job applications

Some of the questions that are prohibited on job applications include:

• Age and birth date
• Disability and health issues
• Citizenship and ethnicity
• Marital and family status
• Military discharge
• Criminal history
• Social Security number
• Salary history

While many state and federal equal opportunity laws do not directly prohibit employers from asking such questions on an application, these types of inquiries may be used as evidence of an employer's intent to discriminate, unless the questions can be justified by some business purpose.

Requiring employees to sign broad non-compete agreements

Non-compete agreements are legal contracts that prevent employees from working for a competitor for a specific period after leaving a company. They also prohibit employees from revealing trade secrets or proprietary information to other parties. While these agreements are meant to protect an employer's market position and intellectual property, they can negatively impact employees by restricting their job mobility and bargaining power.

In the United States, the legality and enforcement of non-compete agreements vary by state. Some states, like California, refuse to enforce non-compete agreements, while others have specific laws governing their use. For example, the Federal Trade Commission (FTC) issued a final rule in 2024 banning non-compete clauses for most workers, which is expected to boost worker wages, lower healthcare costs, and promote innovation.

Non-compete agreements should not be overly broad or restrictive. They must be reasonable and balanced, considering factors such as duration, geographic location, and the type of work restricted. If an employee is presented with an overly broad non-compete agreement, they may consider consulting an employment lawyer to understand their rights and options.

It's important to note that employees have the right to refuse to sign a non-compete agreement. However, this may result in the employer choosing not to hire or terminate the employee. In such cases, the employee may have legal recourse if they can prove that the non-compete agreement is overly restrictive and violates their rights.

Forbidding employees from discussing their salary with co-workers

It is illegal for an employer to forbid employees from discussing their salaries with co-workers. This is a federally protected right under the National Labor Relations Act (NLRA). The NLRA gives employees the right to disclose their salaries and discuss them with co-workers. This law applies to most private-sector employees in both union and non-union workplaces. It does not apply to government employees, independent contractors, agricultural workers, and some supervisors.

The NLRA allows employees to discuss their wages during work, during breaks, and outside of work. Employers are allowed to prohibit employees from discussing salaries in front of customers or at work if non-work-related conversations are not generally allowed during work hours.

Employers cannot include language in employee handbooks or policies that prohibits salary discussions. Such policies are not legally binding and do not supersede the laws put in place by the NLRA. Employees terminated for discussing pay can file a grievance with the National Labor Relations Board (NLRB).

It is also unlawful for employers to:

• Retaliate against employees for discussing pay, including firing or demoting them
• Question or interrogate employees about pay-related conversations
• 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

While employers cannot prevent employees from talking about pay, they can reduce workplace resentment and negative emotions by being transparent about how salaries are determined. This includes:

• Having a clear pay structure that outlines how wages are calculated, taking into account performance, education, and experience
• Creating an open dialogue about pay and wages so that employees feel comfortable asking questions
• Ensuring employees are aware of the company's policies and procedures when discussing wages
• Having an open-door policy for employees to voice their concerns about wage disparities, working conditions, or other labor-related issues
• Helping employees understand their salary ranges and job potential
• Conducting regular surveys and performance reviews so that employees can better understand how their work is valued
• Paying employees fairly

Not paying employees overtime or minimum wage

If your employer is not paying you for overtime or minimum wage, they are breaking the law. The Fair Labor Standards Act (FLSA) requires employers to pay employees overtime when they exceed 40 hours of work in a single workweek. Additionally, hourly pay must meet minimum wage standards. While the federal minimum wage is $7.25 per hour, many states and cities have higher requirements.

If you are a non-exempt employee, you are entitled to overtime pay for hours worked over 40 in a workweek. You should be paid at a rate of time and a half your regular rate of pay for these hours. It is illegal for your employer to ask you to work off the clock.

If you are a salaried employee, you may not be subject to overtime requirements under New York law or federal law. However, when the minimum wage increases, the minimum salary required for executive and administrative employees also increases proportionally.

If you are a farm worker, your employer is required to pay at least the New York basic minimum wage, which is $15.00 per hour in New York City, Long Island, and Westchester, and $13.20 in other parts of the state. Farm workers also receive overtime pay, beginning after 60 hours of work per week, at one and a half times the wage.

If you believe your employer is breaking the law, the first step is to confirm that they are indeed breaking the law. Laws and regulations regarding overtime and minimum wage can vary by state and industry. Once you have confirmed that your employer is breaking the law, you should report the illegal conduct to a higher-up in the organization. If the higher-ups are involved in the illegal conduct, you should consider contacting law enforcement or consulting an employment lawyer.

It is important to note that simply discussing salary with co-workers is not illegal and can be beneficial in understanding wage equality within the company.

Discriminating against workers

Discrimination against workers is illegal. 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.

The EEOC enforces Federal laws that protect employees from discrimination in employment. The EEOC prohibits discrimination against workers on the basis of eight broad categories: race, color, religion, sex, national origin, age, disability, and genetic information. That means none of these factors, known as protected classes, should be used when making employment decisions, such as hiring, setting compensation, and awarding promotions.

Additionally, it is illegal for an employer to publish a job advertisement that shows a preference for or discourages someone from applying for a job because of their race, color, religion, sex, national origin, age, disability, or genetic information. For example, a help-wanted ad that seeks "females" or "recent college graduates" may discourage men and people over 40 from applying and may violate the law.

If you believe your employer is discriminating against you, the first step is to make sure that your employer is, in fact, breaking the law. People often wrongly assume that the law entitles them to things that aren't actually enshrined in law, such as fair treatment or paid vacation days. If you are certain that your employer is breaking the law, you could try talking to your employer, assuming that they don't realize there is a legal problem. If that doesn't work, you could consider contacting an employment lawyer or your state's labor department.

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