Kara Sears
There are many ways in which a boss can break the law. For example, they may require you to work unpaid overtime when you're non-exempt, or they may not allow you to take off a religious holiday when other employees can easily be scheduled to work that day. If you think your boss is breaking the law, it's important to approach them about it first and give them a chance to fix the problem. However, if they dismiss your concerns, you may need to go above their head or seek outside help.
| Characteristics | Values |
|---|---|
| Appointing non-licensed members to work for them | Breaking the law |
| Requiring employees to work unpaid overtime when they're non-exempt | Breaking the law |
| Requiring employees to work on religious holidays when other employees are available to cover the shift | Breaking the law |
| Not allowing employees to take off religious holidays when other employees can easily be scheduled to work that day | Breaking the law |
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What You'll Learn
Unpaid overtime
Employees who work more than 40 hours a week are entitled to overtime pay under the Fair Labor Standards Act (FLSA). If an employer fails to pay their employees the correct amount of overtime pay, or if they fail to pay overtime in a timely fashion (usually in the same payday that the same week’s “regular pay” is disbursed), then the employees can pursue legal damages against that employer. This assumes that the employee’s claim for damages is not time-barred by an expired statute of limitations – which the FLSA (as well as almost every U.S. state) has set at two years.
If your period of unpaid overtime was more than two years ago, your claim will be time-barred by an expired statute. The most common type of damages sought by employees is unpaid overtime pay. If an employer intentionally and willfully violated the FLSA by not paying their employees overtime wages, the court may award punitive damages in addition to unpaid wages, liquidated damages, attorneys’ fees, and court costs. Liquidated damages are automatically awarded unless the employer can prove that they acted in good faith and had reasonable grounds for believing that they were not violating the FLSA.
In addition to the damages available under the FLSA, employees may also be entitled to damages under state law. Many states have their own overtime laws that provide additional protections for employees. For example, Ohio’s Minimum Wage law provides for triple (3x) damages to the employee if an employer fails to pay the correct amount of overtime pay or neglects to pay overtime wages in a timely fashion.
As more and more employees engage in remote work and use personal technological devices for work-related tasks, the line between after-hours communication and unpaid work time becomes increasingly blurred. This becomes a problem when employers fail to compensate employees for hours they work or overtime they have lawfully earned.
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Religious holidays
Employees have legal rights at work, and there are steps they can take if their boss is breaking the law. For example, if your boss is requiring you to work on a religious holiday, such as Yom Kippur, when other non-religious employees are available to cover the shift, you could say, "Yom Kippur is a religious holiday for me". If you want to take a religious holiday off and other employees can easily be scheduled to work that day, your boss is required by law to allow you to take the day off. This falls under the "reasonable accommodation" portion of the law.
If you believe your boss is breaking the law, the first step is to approach them directly and try to work it out. For example, you could say something like, "We're actually required by federal law to pay overtime to people in my job category. I can work the overtime if you want me to, but the company is required to pay for it". It's important to give your boss a chance to fix the problem before going above their head, as this may cause tension with your boss. It's important to exhaust all possible internal options before taking this step.
Remember, you cannot "agree" to break the law by accepting anything else. If you feel that your boss is requiring you to do something illegal, it's important to stand your ground and assert your legal rights.
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Whistleblowing
Employees may find themselves in a situation where their boss is breaking the law. This could be by appointing non-licensed members to work for them, requiring employees to work unpaid overtime, or not allowing employees to take off religious holidays.
If you find yourself in this situation, it is important to first try to work it out with your boss directly. For example, if your boss is requiring you to work unpaid overtime, you could say something like, "We're actually required by federal law to pay overtime to people in my job category. I can work the overtime if you want me to, but the company is required to pay for it."
If your boss dismisses your concerns, you may need to go above their head, which can be a difficult decision. You may worry that your boss will get angry or that the company doesn't care. However, it is important to remember that you have legal rights and that your boss is breaking the law.
If you decide to go above your boss's head, you can report the issue to an outside entity, such as a government regulator or a labour board. It is also important to document any evidence of the illegal activities, as this can help support your case.
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Internal options
If you believe your boss is breaking the law, there are several internal options you can consider before going to an outside entity. Firstly, it is important to approach your boss directly and inform them of the issue. This can be done without coming across as overly aggressive or litigious. For example, if your boss is requiring you to work unpaid overtime when you are non-exempt, you can assert your legal rights by saying something like, "We're actually required by federal law to pay overtime to people in my job category. I can work the overtime if you want me to, but the company is required to pay for it."
Similarly, if the issue involves a religious holiday, you can politely inform your boss of the relevant laws. For instance, if you want to take off Easter for religious reasons and other employees can easily cover that shift, you can say, "Allowing me to take off Easter would fall under the 'reasonable accommodation' portion of the law, as I'm asking for the day off for reasons of religious practice."
If your boss dismisses your concerns or remains uninterested in resolving the issue, you may need to consider going above their head. This can be a difficult decision, as it may cause tension in your workplace. However, if you feel that your boss is breaking the law and refusing to address the problem, going to a higher authority may be necessary.
It is worth noting that in some cases, employees may choose to go directly to an outside entity, such as a government regulator or a labour board, without first exhausting all internal options. This could be because they believe that their boss or the company does not care about resolving the issue, or because they fear retaliation for speaking up. However, giving your boss and the company a chance to fix the problem is usually the recommended first step.
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Non-licensed members
A boss is breaking the law if they appoint non-licensed members to work for them. If you are a non-licensed member, it is important to be aware of your rights and the actions you can take if your boss is breaking the law.
Firstly, you should try to work it out with your boss directly. For example, if your boss is requiring you to work unpaid overtime when you are non-exempt, you can say something like, "We're actually required by federal law to pay overtime to people in my job category. I can work the overtime if you want me to, but the company is required to pay for it." This approach can help you resolve the issue without escalating it further.
If your boss dismisses your concerns or remains uninterested in resolving the issue, you may need to consider going above their head. This can be a difficult decision, as it may cause tension with your boss. However, if you feel that your boss is breaking the law and is unwilling to address the issue, going to an outside entity may be necessary.
Additionally, if you are a non-licensed member and your boss is requiring you to work on a religious holiday, you have the right to request that day off under the "reasonable accommodation" portion of the law. You can point this out to your boss without coming across as overly aggressive or litigious. Start by simply requesting the day off and only escalate the situation if necessary.
Remember, as a non-licensed member, you have legal rights that protect you in the workplace. If you believe your boss is breaking the law, it is important to assert your rights and take appropriate action. This may include seeking legal advice or reporting your boss to the relevant authorities.
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Frequently asked questions
No, it is not legal for your boss to require you to work unpaid overtime if you are non-exempt. The government category that determines whether you must be paid overtime or not. You could say something like, “We’re actually required by federal law to pay overtime to people in my job category. I can work the overtime if you want me to, but the company is required to pay for it.”
No, it is not legal for your boss to require you to work on a religious holiday if other employees are available to cover that shift. You could say something like, “Yom Kippur is a religious holiday for me. Allowing you to take off [the holiday] would fall under the 'reasonable accommodation' portion of the law, assuming that you’re asking for the day off for reasons of religious practice.”
No, it is not legal for your boss to appoint non-licensed members to work for him. If you are aware that your boss is engaging in illegal activities, you should report it to the appropriate authorities.
