Cecily Zamora
If you think your employer is breaking labour laws, it's important to first make sure that they really are 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, paid vacation days, or a warning before being fired. If you are sure that your employer is breaking the law, it's often best to start by talking to them directly. Many employers break the law because they don't know better, so it's worth taking this approach even if you think they know their actions are illegal.
| Characteristics | Values |
|---|---|
| Requiring employees to work unpaid overtime | Employees should be paid for overtime |
| Requiring employees to work on religious holidays | Employees should be allowed to take time off for religious holidays |
| Not providing paid vacation days | Employees should be provided with paid vacation days |
| Not giving a warning before firing an employee | Employees should be given a warning before being fired |
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What You'll Learn
Paid vacation days
It's important to make sure that your employer is actually breaking the law before taking any action. For example, paid vacation days are not always enshrined in law. If your employer is breaking the law, it's best to start by talking to them directly. It's often worth taking this approach even if you think they know their actions are illegal. 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."
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Warning before being fired
If you think your employer is breaking labour laws, the first step is to make sure that they really are 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, paid vacation days, or a warning before being fired.
If you are sure that your employer is breaking the law, you might want to talk to a lawyer or your state's labour department. However, it's often better to first try a straightforward conversation with your employer. Start from the assumption that they don't realise there's a legal problem, and that you are courteously bringing it to their attention.
In terms of warnings before being fired, there is no legal requirement to warn an employee in advance that they are in danger of losing their job, unless there is an employee manual that spells out specific steps that must be taken before firing. However, it is generally good practice to give employees a warning and a chance to improve before firing them. This can help to eliminate drama and avoid blindsiding the employee. It also sets a good example for the rest of your staff, who will be less likely to badmouth you if they feel that you have been fair.
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Overtime pay
If your employer is breaking labour laws, the first step is to make sure that they really are 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, paid vacation days, or a warning before being fired. If you are sure that your employer is breaking the law, it is best to start by talking to them directly. It is worth taking this approach even if you think your employer knows their actions are illegal.
In the US, the Fair Labor Standards Act (FLSA) gives employees the right to earn overtime pay. The Department of Labor's Wage and Hour Division enforces this right. Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. This means that the overtime rate must be at least 1.5 times the amount of the hourly pay rate. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days. The Act applies on a workweek basis.
Almost all hourly workers are automatically eligible for overtime pay. However, workers who are paid on a salary basis are only automatically eligible for overtime pay if they earn below a certain salary. Above this threshold, employers can claim that workers are "exempt" from overtime pay protection if their job duties are considered executive, administrative, or professional.
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Religious holidays
In the US, Title VII of the Civil Rights Act of 1964 provides employees with protections for their sincerely held religious beliefs, including time off to observe religious holidays as long as it doesn't create an undue hardship for the employer. This means that employers are not required to give their employees time off during religious holidays, but they are also not allowed to discriminate against employees based on their religious beliefs.
Instances of religious discrimination are typically determined by the Equal Employment Opportunity Commission (EEOC) on a case-by-case basis. The EEOC defines religion as "not only traditional, organized religions such as Christianity, Judaism, Islam, Hinduism and Buddhism, but also religious beliefs that are new, uncommon, not part of a formal church or sect, only subscribed to by a small number of people, or that seem illogical or unreasonable to others".
Even if an employer gives an employee time off for a religious holiday, they are not legally required to provide payment for those days. However, if an employee works on a holiday, the employer is required to pay the employee for the time worked.
It's important to note that federal holidays are different from religious holidays. Federal holidays are public holidays declared by the country's federal government and recognized by law. These holidays are often paid holidays for many employees, and non-essential offices may remain closed. However, employers are not required to give their employees time off during federal holidays, nor are they required to pay their employees if they grant them the day off.
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Talking to your employer
It's important to first make sure that your employer is actually 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, paid vacation days, or a warning before being fired. If you are facing a legal violation, it's best to start by assuming that your employer doesn't realise there's a legal problem and courteously bring it to their attention. This will usually get you a better outcome than making it clear that you think your managers are flagrant law-breakers. For example, if your boss is requiring you to work unpaid overtime when you're non-exempt, 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 you're devoutly religious and your boss is requiring you to work on a religious holiday when plenty of non-religious employees are available to cover that shift, you could say, "Yom Kippur is a religious holiday for me. I'm required by federal law to be given the day off, but I'm happy to discuss other arrangements if you need me to cover the shift."
If talking to your employer doesn't resolve the issue, you might consider talking to a lawyer or, depending on the law in play, your state's labour department. However, jumping straight to a lawsuit can unnecessarily poison your work environment, so it's usually best to try to resolve the issue directly with your employer first.
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Frequently asked questions
First, make sure that your employer really is 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, paid vacation days, or a warning before being fired. If you are sure that your employer is breaking the law, try talking to them about it first. Start from the assumption that they don’t realise there’s a legal problem, and that you are courteously bringing it to their attention.
If talking to your employer doesn't work, you could try talking to a lawyer or, depending on the law in play, your state’s labour department.
You could try working it out with your manager directly. For example, if your boss is requiring you to work unpaid overtime when you’re non-exempt, 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.”
You could say something like, “ [Religious holiday] is a religious holiday for me. I can’t work that day, but [non-religious colleagues] are available to cover the shift.”
Jumping straight to a lawsuit can unnecessarily poison your work environment, but it is your prerogative.
