5 Very Common Employment Law Violations

Monday, June 13, 2016, 6:00 AM | 2 Comments

Most people have no idea what their rights are at the workplace. The assumption is that the employer understands what the labor laws are and follows them religiously.

However, you may be surprised to discover that your employer violates employment law on a regular basis.

These 5 violations are the most common. In fact, some of them happen all the time and you just don’t know that your rights have been violated.

  1. One of the things that violate your rights is having an employer tell you that you should never discuss with co-workers what your salary package is.

    According to the National Labor Relations Act, an employer cannot stop employees from having a discussion about their earnings among themselves.

    Without being able to talk about what they earn and uncovering potential inequalities, employees are not able to unionize and effectively organize themselves.

  2. Some employers will treat you in such a way as to imply that you are not eligible for overtime pay.

    However, this is not up to them but is governed by the work that you do. All jobs have been categorized in two by the federal government: non-exempt and exempt.

    If the job you do is under the non-exempt category, then you should get time and a half for all overtime hours worked, a full workload being 40 hours a week.

  3. Working off the clock is another of the employment law violations.

    If you are a non-exempt employee, the employer should not ask or allow you to work ‘off the clock’. You should be paid every time you work beyond the normal 40 hrs even if all you are doing is taking calls or answering emails from home over the weekend or at night. This is a legal requirement and you can’t waive it.

  4. If you have been hired as an independent contractor but the company is controlling when you work, where and how, then they are treating you just like an employee and this means that you are entitled to equal benefits as their other employees.

    They should also pay payroll taxes out of your salary. Even though the government has been cracking down on this issue, there are still employers who carry out this practice.

  5. Another issue is being disciplined for finding fault with your employer and posting your complaint on social media.

    There have been several rulings by the National Labor Relations Board in regards to the issue of employers trying to limit or control what their employees are sharing on social media.

    They have said that this violates the rights of employees to take part in what they call protected concerted activity.

    They have further stated that employees are allowed to band together in order to bring about change in their conditions of employment even if it means simply complaining in a group together.

    Employees have a right to say something negative about their workplace or the job without risking their employment. Employers, however, can prohibit bullying, retaliation, discrimination, harassment and false malicious statements.

Author Bio:

Rachael Peterson is a professional business consultant with over 10 years’ experience. He believes that there are several employment law violations that happen so commonly around us that one may not even know they are illegal. Here they are!

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  1. 2 Responses to “5 Very Common Employment Law Violations”

  2. By DavidRose on Aug 19, 2016, 3:46 am | Reply

    Great Share!

    There are many people in the United States that have excellent, fair employers – yet there are also those whose workers’ rights are violated each and every year in regards to underpayment, overtime and rest break violations. For this reason, it is important to know your rights and find a great employment law attorney.

    There are several employment law violations that are more common that others in the US, and the first one of these is lack of overtime payment. The particular law that applies will depend on the state, but in some cases, employees can be told that they are not entitled to overtime payment when they actually are.

    Thanks for sharing such an informative post 🙂

  3. By Joseph Blanchard on Feb 15, 2017, 3:56 am | Reply

    I have read your post. Thanks for such a nice post, its really informational.

    The balance and working relationship between employer and employee are greatly affected by government ordinances. The terms of employment between management and the employee are regulated by the federal ordinance designed to promote employer management and welfare of the employee.

    Keep Sharing !

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